Loading...
HomeMy WebLinkAbout2001-04-17 CC PacketCITY OF STILLWATER CITY COUNCIL MEETING NO.00-09 Council Chambers, 216 North Fourth Street Apri117, 2001 ~GULAR MEETING 7:00 P.M. CALL TO ORDER ROLL CALL APPROVAL OF MINUTES -Approval of Aprt13, 2001 Regular Meeting and Executive Session Mrnufes; Apn16, 2001 Workshop Session Minutes ,~ ~~ ~ M PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS ~k 1 Update on Efforts to Obtain New River Crossing -Ted Thompson ~` "t y ~ ., OPEN FORUM ;~ The Open Forum is a portion of the Council meeting to address Council on sub is ch are not a part of the meeting agenda. The Council may take action or reply at the time of the statement gar may g;~e direction to staff regarding investigation of the concerns expressed STAFF REPORTS 1 Police Chief 3 City Clerk 5 2 Fire Chief 4 Director of Admin 6 7 City Attorney 8 City Administrator sr Co ty erector Ci n WD CONSENT AGENDA* _ 1 Resolution 2001-81, Directing Payment of Bi 2 Approving Utility Bill Adjustments - Sewed Cliarges 3 Resolution 2001-82, relating to parking,~,~stnction ~ A P 169-121 from C S A H 5 to + mile SW in the City of Stillwater, Minnesota (Curve Crest Boul~art~ Resolution 2001-83, Allowing co 1orfQf hospital/medical coverage for retired employees Resolution 2001-84, Approving 2Q01 ttlrrx~ s~'edule for temporary, seasonal Community Service Officer 6 Resolution 2001-85, Abat:ng lin `ent ~irbage Fees Assessments on Parcel No 's 21 030 20 13 0006 and 31 030 20 0012 PUBLIC HEARINGS 1 This is the date ime for ublic hearing on an application for new off-sale liquor license requested by Edward Schmidt, EKS, ~ f '~ 15 N Owens. 2 Case No SLTBIfl 1- This is the date and tune for the public hearing to consider a request from David Newman, The Bancor Getup Tits. , ors preliminary plat fora 23-lot subdivision located at 1035 St Croix Avenue West (Amundson Place) in tl~ R~01~ Family Residential Distnct Notice of the hearing was published in Stillwater Gazette on March 23, 2001, an~iotices mailed to affected property owners (Resolution) 3 Case No. V/01 ~7 This is the date and tune for the public hearing to consider a request for an appeal of the Planning Commission's decision on a request from Curtis Hudak for a vanance to the side yard setback (S feet required, 0 feet requested) and to the rear yard setback (5 feet required, 0 feet requested) for the replacement of an existing garage at 817 West Mulberry Street in the RB, Two Family Residential Distract Notice of the hearang was published in Stillwater Gazette on Apra16, 2001, and notices mailed to affected property owners UNFINISHED BUSINESS 1 Approval of Agreement with Sala Architects for Public Works Facility (Resolution) NEW BUSINESS 1 Farmers Market Request for 2001 for Riverview Parking Lot 2 Approval of FEMA Grant for Fire Service ~ETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS/REQUESTS 1 Letter from Bruggeman Homes COUNCIL REQUEST ITEMS STAFF REPORTS (conhnued~ ADJOURNMENT ^~ * All items fisted under the consent agenda are considered to be routine by the City Council and will be enacted by one motion There will be no separate discussion on these items unless a Council Member or cihz requests, m which event, the items will be removed from the consent agenda and considered separately -, y ;r ~«; t `.EGULAR MEETING CALL TO ORDER ROLL CALL APPROVAL OF MINUTES CITY OF STII.LWATER CITY COUNCIL MEETING NO.00-08 Council Chambers, 216 North Fourth Street April 17, 2001 - Approval of Apn13, 2001 Regular Meeting Minutes 7:00 P.M. ,,,~ - - CONSENT AGENDA* 1. Resolution 2001-81, Du'ecting P ills 2. Approving Utility Bill Adjustment ewer Charges 3 Resolution 2001-82, relating to par g restrictions on S.A P 169-12I from C S A H 5 to + mile SW ~n the Crty of Stillwater, Minnesota (Curve Crest B ulevard) 4 Resolution 2001-83, Allowing conversion of hosprtaUmedical coverage for retired employees ~UBLIC HEARINGS 1 This is the date and tune for the public hearing on an application for new off-sale liquor license requested by Edward Schmidt, EKS, Inc for 515 N Owens 2. Case No SUB/01-05 This is the date and time for the public hearang to consider a request from David Newman, The Bancor Group Inc , for a preliminary plat fora 23-lot subdivision located at 1035 St Croix Avenue West (Amundson Place) in the RA, One Family Residential Distract Notice of the heanng was published in Stillwater Gazette on March 23, 2001, and notices mailed to affected property owners (Resolution) 3 Case No. V/01-07 This is the date and tune for the public heanng to consider a request for an appeal of the Planxung Commission's decision on a request from Curtis Hudak for a variance to the side yard setback (5 feet required, 0 feet requested) and to the rear yard setback (5 feet required, 0 feet requested) for the replacement of an existing garage at 817 West Mulberry Street in the RB, Two Family Residential Distract Notice of the hearing was published in Stillwater Gazette on Apra16, 2001, and notices mailed to affected property owners UNFINISHED BUSINESS 1. Approval of Agreement with Sala Architects for Public Works Facility (Resolution) NEW BUSINESS 1 Farmers Market Request for 2001 for Riverview Parking Lot 2 Approval of FEMA Grant for Fu-e Sernce PETITIONS, INDNIDUALS, DELEGATIONS & COMMENDATIONS (continued) ~OMMUNICATIONS/REOUESTS 1 Letter from Bruggeman Homes COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT * All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion There will be no separate discussion on these items unless a Council Member or citizen so requests, m whi, event, the items will be removed from the consent agenda and considered separately • • • • RECORD OF WORKSHOP SESSION Date convened Friday, April 6, 2001 Time convened 8 00 A M Time adjourned 4 00 P M Members present Mayor Kimble and Councdmembers. Bealka, Milbrandt, Rhemberger and Zoller Members absent None Also present City Admm~strator Kriesel, City Attorney Magnuson, Police Chief Dauffenbach, Fire Chief Kallestad, City Engineer Eckles, Public Works Superintendent Thomsen, Community Development Director Russell, Library Director Lynne Bertalmio, Director of Administration Kadm, and City Clerk Ward Purpose of Workshop Session Workshop on goals and objectives for Council and Staff with Jim Bnmeyer of Bnmeyer Group, Inc Jay Kimble, Mayor Attest Diane F Ward, City C1 erk • r CITY OF STILLWATER COUNCIL MEETING NO.Ol-07 Apri13, 2001 RECESSED MEETING 4:30 P.M. The meeting was called to order by Mayor Kimble at 4 30 p m Present Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Absent None Also Present• City Administrator Kriesel City Engineer Eckles City Attorney Magnuson Fire Department Chief Kallestad Police Chief Dauffenbach Community Development Director Russell Director of Administration Kadin City Clerk Ward OTHER BUSINESS Seasons Tioue Easement City Attorney Magnuson informed the Council that an easement agreement is needed for an encroachment on the right-of--way by the Seasons Tique building He stated that Council approval is required in that it is an easement on public right of way Motion by Councilmember Rlieinberger, seconded by Councilmember Bealka adopting Resolution 2001-71, approving the easement agreement between the City and Seasons Tique, Inc All in favor. Ayes: Councilmembers Bealka, Milbrandt,lZheinberger, Zoller and Mayor Kimble Nays• None Public Works FacilitX City Engineer Eckles presented an update of the public works facility and introduced Wayne Branum of Sala Architects. Mr. Branum presented renderings and a sample time line for the completion of the new building City Engineer Eckles requested that Council approve Sala Architects to present the City with a proposal for review. Motion by Councilmember Rheinberger, seconded by Councilmember Zoller directing staff to prepare an agreement with Sala Architects for the architectural drawings for the Public Works facility for the next meeting. All in favor Staples Park Community Development Director Russell reviewed the survey taken of the residents within three blocks of the park. He stated that the Park Board recommended that the basketball court be disabled, direct staff to work with neighbors on an alternative use for the park, and for staff and the Parks Board to find an alternative North Hill basketball court location. 1 City Council Meeting No 01-07 Apn13, 2001 Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt directing staff to follow the Park Board recommendation of disabling the basketball court at Staples Park, work with the neighbors on an alternative use of the park and to find an alternate location for a basketball court All i favor i islative pdate - Ed Cam Mr Ed Cain, Legislative Associates, provided Council with an update on the funding for the Levee Wall project He requested that Council adopt a resolution asking Congress to allocate $3.3 million for the construction of Stage 3 of the Levee and Flood Control Project and direct him to forward a copy of the resolution to the appropriate members of the House and Senate committees and legislators Motion by Councilmember Rhemberger, seconded by Councilmember Milbrandt adopting Resolution 2001-72, requesting Congress to allocate $3.3 million for the construction of Stage 3 of the Levee and Flood Control Project in the FY 2002 Energy and Water Appropriations All m favor Ayes Councilmembers Bealka, Milbrandt, Rhemberger, Zoller and Mayor Kimble Nays None STAFF REPORTS City Engineer Eckles provided an update on possible flooding in Stillwater He stated that if there were no precipitation the flooding would not be as great He stated that the forecast however indicated some heavy ram so if that happens preparation for a flood will begin next week City Administrator Kriesel stated that he has received information from Ted Thompson, DeMay & Associates requesting that Council adopt two resolutions One requesting $15 million in mediation funds and one delaying the June 1, 2001 deadline for the bridge project Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt adopting Resolution 2001-73, requesting support and assistance from the Minnesota and Wisconsin congressional delegations to secure necessary funding for conservation funds for new bridge crossing and Resolution 2001-74, requesting a delay of the June I, 2001 deadline for the badge project. All m favor Ayes• Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays• None City Administrator Kriesel reminded Council and staff of the goals and objectives workshop on Friday, Apri13, 2001 at 8.00 a m Mayor Kimble recessed to Executive session to discuss Police Sergeant's contract at 5.30 p m • 2 City Council Meeting No. 01-07 Apn13, 2001 REGULAR MEETING 7:00 P.M. The meeting was called to order by Mayor Kimble at 7 00 p m. Present Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Absent None Also Present City Administrator Knesel City Attorney Magnuson Crty Engineer Eckles City Clerk Ward APPROVAL OF MINUTES Motion by Councilmember Milbrandt, seconded by Councilmember Rheinberger to approve the March 20, 2001 City Council minutes All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Presentation of Retirement Plaque to Bob Barthol Mayor Kimble, City Administrator Knesel and Assistant C}uef Bell presented Bob Barthol two plaques for over 30 years of service on the Stillwater Fire Deparhnent • CONSENT AGENDA Motion by Councilmember Rheinberger, seconded by Councilmember Zoller to approve the consent agenda All in favor Ayes Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays• None Resolution 2001-59, Directing Payment of Bills Resolution 2001-60, Abating Assessments on Parcel No 28 030.20 34 0033 Request to purchase computers, laser pnnter, secunty gates and inset resensitazers -Library Board Resolution 2001-61, Accepting work and ordenng final payment for 1999 street improvements Resolution 2001-62, Approving bndge and pathway easement -Liberty on the Lake Resolution 2001-63, Resolution regarding business subsidy reporting for business subsidies based on agreements entered into by this City after August 1, 1999 Resolution 2001-64, Designation of additional deposrtory for 2001 Resolution 2001-65, Accepting work and ordenng final payment for 1998 street improvements and Curve Crest Boulevard Resolution 2001-66, Abating delinquent garbage fees assessments on parcels 20.030 20.13 0014, 28 030 2034.1014, and 33 03020 14.0022 Resolution 2001-67, Opposing National Fue Protection Association (NFPA) proposed standards 1710 and 1720 Resolution 2001-68, Approving 2001 Salary Schedule for Temporary, Seasonal Labor/Maintenance Workers and Lifeguards Resolution 2001-69, Agreement with ISD 834 to use Old Athletic Field for Playground City Council Meeting No O 1-07 Apnl 3, 2001 Approval of two new positions, one for Parks Department and one for Engineenng Department Resolution 2001-70, Approving interfund transfer Approval of Banner Permit - St Croix Events - Lumber)ack Days Approval of Banner Permit - Rivertown Arts Festival NEW BUSINESS Hawthorne Lane Improvement Proect ~Pro~ect 2001-0~ City Engineer Eckles reviewed the problems in the Hawthorne Lane area in regard to tree roots compromising the sanitary sewer in the azea He stated that the street should be reconstructed and it would be a good time to reconstruct the sanitary sewer, street and remove the sugar maples in the area because of their root structure. He requested that Council order the preparation of a feasibility report to be presented at a neaz future meeting to provide costs and funding for this project Motion by Councilmember Milbrandt, seconded by Councilmember Bealka adopting Resolution 2001- 75, ordering preparation of a report on Hawthorne Lane improvements (Project 2001-09) All in favor Ayes• Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays None Designation of Boutwell Road as a Municipal State Aid Street City Engineer Eckles stated that because Boutwell Road would act as a collector street it is proposed to add Boutwell Road to the Municipal State Aid System He stated that once the street is added State Aid funds can be used to reconstruct or upgrade the street Motion by Councilmember Rlieinberger, seconded by Councilmember Zoller adopting Resolution 2001-76, establishing Municipal State Aid Highways All in favor. Ayes: Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays None Settler's Glen Developer's Ag~•eement City Attorney Magnuson reviewed the Developer's Agreement relating to Settler's Glenn with U S Home Corporation Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt adopting Resolution 2001-77, approval of the development agreement between the City of Stillwater and U S Home Corporation, a Delawaze Corporation All in favor. Ayes Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays None Liberty 7~' Addition Addendum #3 to Developer's Agreement 4 City Council Meeting No 01-07 Apn13, 2001 City Attorney Magnuson reviewed Addendum #3 to Developer's Agreement relating to the Liberty on Long Lake He stated that this addendum is required to provide services to Liberty 7th Addition. Motion by Councilmember Rheinberger, seconded by Councilmember Zoller, adopting Resolution 2001-78, approval of addendum number three to development agreement relating to Liberty on Long Lake by and between the City of Stillwater, Washington County, Minnesota, and Contractor Property Developers Company All m favor Ayes Councilmembers Bealka, Milbrandt, Rhemberger, Zoller and Mayor Kimble Nays None New "Off-Sale" License -Call for Heanng_- EKS, Inc -North Hill Liquor -Applicant -Edward timid Mayor Kimble stated that Mr Edward Schmidt has applied for a new off-sale liquor license Anew liquor license requires a public hearing and should be set for April 17, 2001 at 7.00 p m Motion by Councilmember Rheinberger, seconded by Counc~lmember Bealka to set a public heanng to consider the issuance of a new off-sale liquor license for April 17, 2001 at 7 00 p m All in favor COMMUNICATIONS/REQUESTS Request for Support of Legislation to Restrict Sale of Phosphorus Fertilizers -City of Shorewood City Administrator Kriesel reviewed the request for support from the City of Shorewood He recommended that Council adopt the resolution of support because the City has already adopted an ordinance regarding the use of phosphorus fertilizers m the City Motion by Councilmember Milbrandt, seconded by Councilmember Bealka adopting Resolution 2001- 79, relating to restnchons on the use and sale of phosphorus lawn fertilizers All in favor Ayes• Councilmembers Bealka, Milbrandt, Rheinberger, Zoller and Mayor Kimble Nays• None Request to close certain streets -Hope House of St Croix Valley Mayor Kimble reviewed the Hope House of St Croix Valley's request to close certain streets for their annual fund raising auction on May 12, 2001. He stated that this request has been approved in the past. Motion by Councilmember Rheinberger, seconded by Councilmember Bealka approving the closing of North Everett Street at West Linden Street to West Cherry Street including West Cherry Street to the dead end contingent on public safety issues as directed by Police Chef Dauffenbach. All ~n favor COUNCIL REQUEST ITEMS Councilmember Rhemberger asked the status of the Territonai Prison 5 City Council Meeting No 01-07 April 3, 2001 City Administrator Knesel stated that Community Development Director Russell will be having a meeting next week wrth the principles involved in the development and he will provide an update at th~ next meeting Councilmember Milbrandt stated that last fall the Parks Board considered what trails should be cleaned after each snowfall (McKusick and along Highway 5) and that they also requested that the path on Myrtle Street be cleaned However they were informed that the County advertised Myrtle Street as an access for snowmobiles out of town and snowmobiles were instructed m County materials to use that path He also stated that m talking wrth the County, rt would require a letter from the City asking to not include Myrtle Street m and to request that snowmobiles actually use the space between the formal path and the roadway to keep the Myrtle Street path open Moron by Councilmember Rheinberger, seconded by Councilmember 1Vlilbrandt to direct staff to prepare a letter to the County requesting that the Myrtle Street path not be used as s snowmobile route out of town and that snowmobiles use the space between the road and the path as their trail out of town All in favor Mayor Kimble requested a motion to approve the Police Sergeant's Contract that was discussed at the Executive Session Motion by Councilmember Rheinberger, seconded by Councilmember Bealka adopting Resolution 2001-80, approving the labor agreement between the City of Stillwater and Law Enforcement Laborer Services, Police Sergeants, Loca1254 All in favor. Ayes Councilmembers Bealka, Milbrandt,lZhemberger, Zoller and Mayor Kimble Nays• None ADJOURNMENT Motion by Councilmember lthemberger, seconded by Councilmember Bealka to adjourn the meeting at 735pm Jay L Kimble, Mayor ATTEST: Diane Ward, City Clerk Resolution 2001-59, Directing Payment of Bills Resolution 2001-60, Abating Assessments on Parcel No 28 030 20 34.0033 Resolution 2001-61, Accepting work and ordering final payment for 1999 street improvements Resolution 2001-62, Approving badge and pathway easement -Liberty on the Lake Resolution 2001-63, Regarding business subsidy reporting for business subsidies based on agreements entered into by this City after August 1, 1999. Resolution 2001-64, Designation of additional depository for 2001 6 City Council Meeting No 01-07 Apri13, 2001 Resolution 2001-65, Accepting work and ordering final payment for 1998 street improvements and • Curve Crest Boulevard Resolution 2001-66, Abating delinquent garbage fees assessments on parcels 20 030 20 13 0014, 28 030.2034.1014, and 33.03020 14.0022 Resolution 2001-67, Opposing National Fire Protection Association (NFPA) proposed standards 1710 and 1720 Resolution 2001-68, Approving 2001 Salary Schedule for Temporary, Seasonal Labor/Maintenance Workers and Lifeguards Resolution 2001-69, Agreement with ISD 834 to use Old Athletic Field for Playground Resolution 2001-70, Approving interfund transfer Resolution 2001-71, Approving the easement agreement between the City and Seasons Tique, Inc Resolution 2001-72, Requesting Congress to allocate $3 3 million for the construction of Stage 3 of the Levee and Flood Control Project in the FY 2002 Energy and Water Appropriations Resolution 2001-73, Requesting support and assistance from the Minnesota and Wisconsin and Wisconsin congressional delegations to secure necessary funding for conservation funds for new bridge crossing Resolution 2001-74, Requesting a delay of the June 1, 2001 deadline for the bridge project Resolution 2001-75, Ordering preparation of a report on Hawthorne Lane improvements (Project 2001- 09) Resolution 2001-76, Establishing Municipal State Aid Highways Resolution 2001-77, Approval of the development agreement between the City of Stillwater and U S Home Corporation, a Delaware Corporation Resolution 2001-78, Approval of addendum number three to development agreement relating to Liberty on Long Lake by and between the City of Stillwater, Washington County, Minnesota, and Contractor Property Developers Company. Resolution 2001-79, Relating to restrictions on the use and sale of phosphorus lawn fertilizers. Resolution 2001-80, Approving the labor agreement between the City of Stillwater and Law Enforcement laborer Services, Police Sergeants, Loca1254 7 DeMay & Associates 420 Summit Avenue The University Club • St. Paul, Minnesota 55102 _ PH: 651-291-0297, FAX• 651-291-7965 b~xaxaxouM DATE• Apn117, 2001 TO• Mayor Jay Kimble City Council, City of Stillwater FROM: Ted Thompson, DeMay & Associates RE• St Croix River Crossing Update Wasdingtoo Opdoto: I had productive meetuigs doting my nip to Washington, DC. I met with representatives of the following offices: Congressmen Kind, Luther, Pete, Ramstad, McCollum, Sabo, Oberstar and Senators Feingold, Kohl, Wellstone and Dayton There appeared to be a consensus that the best way to ensure success is if the two states and the two states' • congressional delegations all agree to an approach that can be brought forward. To that end, I am conttnuing my efforts to communicate with these and other offices on the matter Is the Bridgo a Priori4l?: The offices appreciated the update and Fact Sheet, pamcularly those who had new staff people working on the issue. Several mentioned that they hadn't had much of an update of late and since the Conservation Fund is not a `transportation' request, the state DOTS had not raised it as a `need' in Washington The $15 million mitigation Conservation Fund is arguably an environmental item, therefore there is some logic to the DOTs not raising the issue However, this has caused some confusion in Washington with several offices suggesttng that, in their minds, this prolect was no longer a priority for the two states. I assured them it was and explained the situation. I have discussed this with individuals at MnDOT and WisDOT and have asked that they communicate to the Minnesota and Wisconsin Congressional delegations that the prolect is still a pnonty This suggestion was received favorably at the staff level INwBAC Boso~uoa: The Minnesota and Wisconsin Boundary Area Commission last week passed a resolution similar to the one approved by the Stillwater City Council calling on the two state congressional delegations to assist in resolving outstanding issues (attached) There was a • healthy discussion of the issue during the meeting and it was clear that the MWBAC would like to see the issue resolved with the Consensus Alternative moving forward. The Commission, through its Executive Director Buck Mahck, has been very suppomve and helpful. I have also had individual conversations with Commissioners on the subject as well • Next Steps: I have had conversations with members of various local and county government bodies to discuss their support for resolving the issue I would suspect that some of those would pass resolutions similar to Stillwater's at an appropriate time. I have also met with members of the Alliance for a New St Croix Bridge and I have had discussions with uidividuals uiterested in helping get the word out on the status of the project and the need for the general public to let their voices be heard now The flood situation has exacerbated the whole situation and I believe that there is renewed interest in the project overall by local residents who have thrown up their hands in frustration. I am providing a list of contacts for you and others to distribute to people interested in assisting our efforts. I am also following up with Minnesota and Wisconsin officials to update them on my Washington trip and to ask for more direct assistance in the effort. We need to continue communications with elected and appointed government officials, and we need to engage the public in the drive to assure the new bridge is built. Educating everyone about the impacts of a `no badge' result in terms of impact to Stillwater, historic structures, traffic patterns, the environment/air pollution, pedesman safety, and other unpacts is an important component for success If efforts to build the current proposal are not successful, the result will undoubtedly be increased traffic flow north to the Osceola crossing and south to the Hudson crossing with potential pressure to expand the crossing at Osceola. .] • MINNESOTA WISCONSIN BOUNDARY AREA COMMISSION 619 SECOND STREET HUDSON, WISCONSIN 54016-1576 FAX: 77 5.386.9577 Email: mwbac@nnvbac.org , ~ . . Apnl 13, 2001 Medsa Release Apnl 13, 2001 Contact Executive Duector Buck Ma11ck BOUNDARY COMIVIISSION SUPPORTS STII.LWATER, PRESCOTT AND ST. CROIX TRIBE, COMIVVIENDS LEGISLATORS Meeting yesterday at the Carpenter St Croix Valley Nature Center's newest building, near Afton, Minnesota, the 1VLnnesota-Wisconsin Boundary Area Comrrussion took action requested by Ted Thompson on behalf of Stillwater,lVlinnesota. The Commssion called on the 1Vlinnesota and Wisconsin Congressional delegations to actively resolve issues standing in the way of construction of a new bridge over the 5t. Croix River One way Congress could help is with additional federal funding of $10 or 15 million, if the lustonc lift budge is to be saved as either a pier or a pedestrian route. • The Comnssion did not change its previous position that the hft budge should be removed by a date certain. The badge protect will be shelved by the Departments of Transportation unless hurdles are cleazed by June 1. Congressman Bill Luther (D, MN) obtained $5 million for budge restoration from Congress last session while Thompson was lus chief of staff The Commission passed a resolution supporting the Phase II grant request of Prescott, Wisconsin for funds to make improvements to Freedom Park, a bluff site overlooking the confluence of the St Croix and 1Vfississippi avers. Prescott hopes to complete a pazk bwlding by the summer of 2004, when re-enactments of the 1854 Grand Excursion will stunulate tourist activity along the Great River Road from Rock Island to Minneapolis. The site is also a natural funnel on the route of nugratory buds The Commission passed a motion of support for a grant application by the St. Croix Tribal Natural Resources Department for a River Planmng Grant to Map Wild Rice on the Clam, Yellow and St. Croix Rivers. The goal of this project is to locate and quantify existing wild ace beds in the aver systems of Burnett County. Wild ace management strategies require this base tine data.. More Sensing our sponsor states on the 5'~ Crour and Mississippi rivers since 1 gB5 MWBAC letter to [Clicktype recipient's name] April 13, 2001, Page 2 • The Commission also adopted a resolution of thanks to Minnesota Senators Krentz, Face, Murphy, and Ring and Representatives Jennings, Ozment and Workman who authored bills fora "'°`" Minnesota DNR position to facilitate the Partnership Team created by the Cooperative Management Plan for the Lower St Croix, recommended by the citizen task force, in an historic consensus in April, 1998 Since the late 1970's, local units of government have decried inconsistencies in land use decisions concerning nverfront property. The Partnership Team is an answer. Making bazge transport on the Mississippi River more efficient, while restoring environmental damage, has been a concern for farmers and others. The Commission motion on that topic, "commends the Minnesota House of Representatives for its support of the Upper Mississippi River as amulti-purpose resource critical to the States of Minnesota and Wisconsin in the passage of HF-208, authored by Representatives Workman, J. Clazk, Molnau, Kuisle, Mazko, and twelve others, and it encourages the Senate to pass a similaz resolution. And the Minnesota- Wisconsin Boundary Commission recommends that the Corps of Engineers convene a meeting of aver stakeholders to discuss and recommend measures less expensive than longer locks which can be implemented in short order and which benefit shippers and farmers without doing permanent environmental damage." The Commission tabled recommendations for changing inconsistent Minnesota and Wisconsin boating and fishing rules on boundary waters. The staff was directed to obtain more information. • Vice Chairman, Robert R. Mullally of Onalaska, Wisconsin presided at the meeting. Seven of the eight commissioners were present. There are two Wisconsin openings for appointment by Wisconsin Governor McCallum. ., Serving oar sponsor states on the 8~ G'ronr and Mississippi avers since 1965 • Resoletion Regeesting Congressional Assistance in resolving oetstanding St. Cruiz River Bridge Issees; fending for Conservation Fund 1. WHEREAS, the states of Minnesota and Wisconsin, federal agencies, and other entities have cooperated in development of a compromise bridge crossing over the St. Croix River, commonly refereed to as the Consensus Alternative Bridge; and 2. WHEREAS, funding for building the Consensus Alternative Bridge has been identified and programmed by the two States; and issues relating to ownership, restoration and main#enance of the historic Lift Bridge have been resolved; and 3. + + , a transportation problem exists between the two states because of the deteriorating condition of the Lift Bridge and the increase in traffic in the region; and 4. WHEREAS, the need for a new river crossing has long been identified as a priority for the region and planning for a new river crossing has been underway in earnest several times during the past thirty years; and 5. WHEREAS, the United States Department of Interior has approved three alternative options for final approval of the Consensus Alternative Bridge under Section • 7(a) of the federal Wild and Scenic Rivers Act; and 6. WHEREAS, two of the three aforementioned options involve establishment of a Conservation Fund as mitigation to offset the adverse impact of preservation of t}1e historic lift bridge; and 7. NOW THEREFORE, the Minnesota-Wisconsin Boandary Area Commission, hereby requests the support and active assistance of the Minnesota snd Wisconsin Congressional Delegations to resolve outstanding issues, which may include securing necessary federal fending for the Conservation Fund, if necessary, as required by the U.S. Department of Interior, in order to allow for the constriction of a new river crossing over the Sk Croia River. • stillwater Bridge: Key OfOciais - Minnesota Wisconsin www.state.mn.us www.wisconsin.gov Governor Jesse Ventura State Capitol St. Paul, MN 55155 Phone 651-296-3391 FAX: G51-296-2089 wwav governor state.mn.us/email form html Governor Scott McCallum 115 East State Capitol Madison, Wisconsin 53702 Phone: 608-266-1212 FAX: 608-267-8983 WisGovCa.gov state.wi.us Commissioner El Tinklenberg MN Department of Transportation 395 John Ireland Blvd , 4`~ Floor St Paul, MN 55155 Phone: 651-296-3000 FAX. 651-297-4795 Email: info@dot state.mn.us U S Senator Mark Dayton • 346 Russell Senate Office Building Washington, DC 20510 Phone: 612-727-5220 FAX: G 12-727-5223 U S. Senator Paul Wellstone 136 Hart Senate Office Building Washington, DC 20510 Phone: 651-645-0323 Fax: 651-645-0704 Email: senatorCa~,wellstone senate g4v_ U S. Congressman Bill Luther 117 Cannon Building Washington, DC 20515 Phone: 651-730-4949 FAX: G51-730-0507 Email: bill luther(a),mail house gov Secretary Terry Mulcahy Wisconsin Dept of Transportation 4802 Sheboygan Ave., P.O Box 7910 Madison, WI 537Q7-7910 Phone: 608-266-1114 Terry mulcahy~a,dot.state.wi.us U S Senator Herb Kohl 330 Hart Building Washington, DC 20510 Phone• 414-297-4451 Email: Senator Kohl@Kohl.senate.gov U.S. Senator Russell Feingold 716 Hart Building Washington, DC 20510 Phone: 608-828-1200 Email: Russell Feingold~a~gold.senate.gov U.S. Congressman Ron Kind 1713 Longworth Building Washington, DC 20515 Phone: 608-782-2558 Email: Ron.Ktnd@mail.house.gov (Keprerentr dsrfr~ct acmrf the ever fmm Shlbyater) • LIST OF BILLS EXHIBIT " A" TO RESOLUTION #2001-81 Ace Hardware Building maintenance 61 95 Action Rental Equipment maintenance 53 98 Amdahl, Chris Keys 70 00 Ancom Radios, Minitors 4,169 06 Association of Training Officers Education 175 00 AT & T Telephone 103 43 AT & T Cable 22 67 AWI Diversified Parks repairs 640 00 Berg Bag Company Flood supplies 5,950 69 Board of Water Commisioner 1st Quarter WAC 51,500 75 Braun Pump Control Equipment maintenance 15,193 65 Banes Goal setting expense 78 52 Buberl, Larry Animal Transport 75 00 Carquest Vehichle maintenance 409 77 Catco Vehichle maintenance 59 47 CC Sharrow Equipment maintenance 167 74 Chaves, Nick Cell Phone 21 90 Classic Home Design Refund receipt 77867 900 00 Cole Paper Maintenance supplies 298 22 Commurncation Briefings Subscripton 79 00 Community Volunteer Service 2001 Allocation 1st qtr 3,300 00 Crotty, Jason DARE Urnforms Supplies 71 21 24 81 Desch, Mark 8~ Gloria May 2001 lease 979 65 Drummond American Corporation Equipment maintenance 97 03 Ecoprint Parking maps 2,637 97 Empson Archives Professional services 4,500 00 Firehouse Magazine Subscripton 28 97 Firstar Trust Services Professional services 850 00 Franklin Covey Office supplies 47 29 G &K Building maintenance 3,219 46 Grafix Shoppe Lettering 105 94 Holman, Rose Mileage 175 45 Honeywell Quarterly maintenance fee 405 23 ICMA Freight 1 00 Ikon Office supplies,copier 23,602 51 Institute of Forensic Psychology Physical 475 00 International Association of Fire Chiefs Equipment 65 00 International Business Machines Maintenance agreement 282 00 Jay Bros Inc Flood supplies 7,284 83 Johnson, Ron Office supplies 122 61 Kadin, Chantel Mileage 210 22 Kallestad, Kim Miscellaneous expenses 50 00 Lake Country Door Budding maintenance 445 50 Lake Superior College Seminar 85 00 League of MN Cites Insurance 1,523 00 Lind, Gladys Land purchase payment 927 00 MA Associates Vehichle supplies 89 92 EXHIBIT " A" TO RESOLUTION #2001-81 Page 2 Magnuson Law Frrm Professional services 5,975 83 Mapel Island Building maintenance 178 52 Menards Maintenance supplies 59 21 Met Council May sewer 74,296 73 MN Board of Peace Officer Standards Licenses 810 00 Minnesota State Treasurer 1st Quarter permit surcharge 6,577 03 MTI Drstributrn9 Equipment maintenance 136 04 Northern Traffic Supply Flood supplies 226 59 Northwestern Tire Vehicle repair 505 23 Office Max Office supplies 342 40 Peterson, Craig Seminar expences 1,239 19 Pinky's Sewer Service Repair Nelson lift 375 00 Plattner, Earl Uniforms 39 51 POD's Trre Vehicle repair 24 13 Press Publication Publication 161 00 Quantum Digital Office supplies 37 91 River Valley Printing Office supplies 414 29 Royal Lube Vehicle maintenance 114 78 St Croix Brke & Skate Bikes & supplies 852 73 St Croix Office Office supplies 188 70 St Joseph Equipment Equipment maintenance 9,045 61 St Pau Pioneer Press Advertisement 226 20 Secure Benefits System Corp Professional servrces 115 75 Shorty's Laundry 45 69 Space Mobile & Modular April rentals 135 00 Spartan Signs 190 95 Star Tribune Advertisement 322 00 State of MN Bureau of Crim Apprehension Equipment maintenance 270 00 State of MN Building Codes Plan Review 4,640 68 Sttllwater Amoco Fuel 6,423 41 Stillwater Gazette Publication 35 20 Stillwater Lions Dues 78 00 Stork Professronal services 3,514 00 Strerchers Education 202 44 Thompson Publishing Subscripton 317 50 Twin Crty Fab Equipment repair 2,352 80 Uniforms Unlimited Uniforms 775 54 Van Paper Company Budding supples 277 17 Verizon Cell Phone 380 02 Viking Office Office supplies 167 51 Village Brass Office supplies 311 46 Volunteer Firefighters Benefit Assoc Insurance 1,065 00 Washington County Traffic servrces 101 69 Washington County Recorder Variances 66 00 Waste Management Recycle Services 12,690 00 White Bear Lake Seminar 75 00 Wright County Bag Co Flood supplies 2,462 75 Yocum Orl Fuel 250 03 Youth Service Bureau April allocation 7,000 00 • • EXHIBIT " A" TO RESOLUTION #2001-81 Page 3 Zizzo, John Seminar 80 76 ADDENDUM TO BILLS CDW-G Punter color copier 11,394 58 Coke Concession supplies 353 10 Cub Concession supplies 37 13 DeMay & Associates Professional services 12,896 99 Facility Systems Office supplies 2,998 23 Gateway Computers 9,577 57 Gaylord Bros Office supplies 127 40 Ice Skating Institution Badges 141 00 Imagineerin9 Professional services 832 65 Kriesel, Nile Meeting expense 43 47 Linner Electric Budding maintenance 298 55 Murnci Pals Seminar 165 00 Niebur Implement Co Equipment maintenance 285 41 Northland Chemical Maintenance supplies 53 93 Qwest Telephone 1,150 43 R & R Specialties Egwpment maintenance 34 50 St Croix Boat & Packet March expense 36,876 89 Sprint Telephone 39 51 Sysco Concession supplies 106 11 Turning Point Office supplies 744 44 Ward, Diane Mileage 37 17 Wolf Marine Propane 335 49 Xcel Electricity, Gas 22,694 77 TOTAL 379,034 70 Adopted by the City Council this 17th day of April, 2001 MEMORANDUM • TO: Mayor and Council FR: City Administrator RE: Revised resolution approving change from single to family coverage hosp/med for retired employee DA: April l7, 2001 Discussion: I have attached a revised resolution for allowing retirees to The revision eliminates the wording and provided that only selected at the hme of conversion This wording ~s somew The revised resolution also contains language that wo r during the next "open enrollment" period that t c opportunity to convert will "sunset" after the op e .o. Recommendation: their hosp/med insurance. e o tion could be m story and is unnecessary. it the conversion to be made ctober. In other words the period this year. Council approve revised resolution al ing tyre who are eligible to receive continued hospital/medical insurance covera er ce No. 844 to change to family coverage. ~~ RESOLUTION N0.2001-83 ALLOWING CONVERSION OF HOSPITAL/ MEDICAL COVERAGE • FOR RETIRED EMPLOYEES BE 1T RESOLVED, by the City Council of the City of Stillwater, that any employee who was eligible for continuation of hospital medical benefits under City Ordinance No. 844 shall be allowed to convert their coverage from single to family in order to provide coverage to employee's spouse, provided that said spouse was the eligible employee's spouse at the time of the employees retirement. BE IT FURTHER RESOLVED, those retirees electing to convert their insurance coverage must do so prior to the close of the 2001 "Open Enrollment" penod for hospitaUmedical insurance. Adopted this 17`~ day of Apri12001 • Memo DATE: Apnl 17, 2001 TO: Mayor and City Council FROM: Chantell Kad Director of Administration RE: Approval of two new temporary seasonal Positions The 2001 Budget includes two new temporary seasonal Community Service Officer positions in the Police Department. • Recommendation Staff recommends the City Council approve creating the two new temporary seasonal Community Service Officer positions and the attached Resolution establishing the salary. • Resolution 2001-84 APPROVING 2001 SALARY SCHEDULE FOR TEMPORARY, SEASONAL COMMUNITY SERVICE OFFICER BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota that the 2001 salary for Temporary, Seasonal Community Service Worker at $10 00 per hour is hereby approved Adopted by the City Council this 17~' day of Apn12001. Jay Kimble, Mayor ATTEST: Diane F. Ward, City Clerk • • • RESOLUTION N0.2001-85 ABATING DELINQUENT GARBAGE FEES ASSESSMENTS ON PARCEL NO.'S 21.030.20.13.0006 AND 31.030.20.22.0012 BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the assessments, including any penalties and interest, levied against parcel No 's 21 030 20 13 0006 and 31 030 20 22 0012, for delinquent garbage collection, is hereby abated Adopted by Council this 17~' day of Apn12001 Jay L Kimble, Mayor C: ATTEST Diane Ward, City Clerk • WASHINGTON COUNTY -ASSESSMENT DIVISION Form4 Reused 3!2000 Worksheet# APPLICATION FOR ABATEMENT -GENERAL FORM (M S 375 192) CLASSIFICATION / DISASTER CREDIT /SPECIAL ASSESSMENTS County of For property assessed (year) 2000 WASHINGTON and payable in (year) 2001 Please pent or type Applicant's Name Applicant's Mailing Address Apphcaat's Soc~ai Sec~mty Number 1806 BroadWa Street North Telephone (work) ( ) Stillwater MN 55082 Tel hone ome Street Address (if different from above) Description of Property Property ID Number 21 030.20.13.0006 MP Number Legal Descnphon of Property School D:str~ct # Crty or Township Name Distrut # South 1/2 Lot 3 Block 42 ~ North 15 foot of 834 Ci of Stillwater Poplar Street Vacated adj Carli $ Schulenburg's Addition Assessor's Fsttmated Market Value Lana S 5 000 Stnct,ue 5 Total 5 5 000 ~~ 201-1 Applicant's Statement of Fat~ts: An assessment from tiVaste Management (Ga.rbage Hauler for the City of Stillwater) was placed against this property in error Applicant's Request: Remove the assessment 800002 for $127.65 plus interest. Please issue a new Tax Statement for payable 2001 with the assessment removed. Applicant's Signature: Date: 4/17/01 Note: Mioaesota Sta es 1988, Section ti09Al, "Whoever, is making any statement, oral or written, whh:h is rcgnired or anthorhxd by law to be made as a basis of imposing, reducing, or abating any ta: or assessment, 5ntenhonslly makes aay statement as to soy materiat matter which the maker of the statement knows u false may be sentenced, unless otherwise provided bylaw, to imprisonment for not more than one year or to payment of a line of not more than 53,000.00, or both. Note: Mnat include CSty/I'ownship Resolution for reductions on assessments Note: Must include Fire report for Local Option Disaster l:redit WASHINGTON COUNTY -ASSESSMENT DIVISION Form4 Revised 32000 Worksheet# APPLICATION FOR ABATEMENT -GENERAL FORM (M S. 375 192) CLASSIFICATION /DISASTER CREDIT /SPECIAL ASSESSMENTS County of For property assessed (year) 2000 HINGTON and payable in (year) 2001 Please punt or type Appl~car-t'sName Harold Elizabeth Welke Apphcant'sMarlmgAddress Applicant's Social Secunty Number 3484 Liber Avenue Telephone (work) ( ) Stillwater, MN 55082 Tel hone ome Street Address (~f different from above) Description of Property Property ID Number 31.0 30.20.22.0012 MP Number Legal Descnphon of Property LOt 1 B10Ck 2 Liberty On the School D'~r~ # ~y or Township Name Distrkt # Iake 834 Cit of Stillwater Assessor's Estunated Market Value Lar,as 65 000 structures 310 000 Totals 370 000 class 204-0 Applicant's Statement of Facts: An assessment from Waste Management (Garbage Hauler for the City of Stillwater) was placed against this property in error. Applicant's Request: Remove the assessment 80002 for $127.65 plus interest. Please issue a new Tax Statement for payable 2001 with the assessment removed. Applicant's S~gnatur Date: 4~ 1701 Note: Minnesota Statutes 1988, Section 609 41, "Whoever, fa making any statement, oral or wntten, vrhkh is required or anthorhed by law to be made as a basis of impos,ng, redoang, or abating any taz or assessment, mtentwnally makes any statement as to any material matter which the maker of the statement knows is false maybe sentenced, unless otherwise provided by law, to imprisonment for not more than oae year or to payment of a tine of out more than 53,000 00, or both. Note: Must include City/1'ownship Resolution for redaetrona on assessments Note: Must include Ftre report for Local t)ptron Disaster Credit J LIST OF BILLS • EXHIBIT " A" TO RESOLUTION #2001-81 Ace Hardware Budding maintenance 61 95 Action Rental Egwpment maintenance 53 98 Amdahl, Chris Keys 70 00 Ancom Radios, Minitors 4,169 06 Association of Training Officers Education 175 00 AT & T Telephone 54 79 AT & T Cable 22 67 AWI Diversified Parks repairs 640 00 Berg Bag Company Flood supplies 5,950 69 Board of Water Commisioner 1st Quarter WAC 51,500 75 Braun Pump Control Equipment maintenance 15,193 65 Brines Goal setting expense 78 52 Buberl, Larry Arnmal Transport 75 00 Carquest Veh~chle maintenance 409 77 Catco Vehichle maintenance 59 47 CC Sharrow Equipment maintenance 167 74 Chaves, Nick Cell Phone 21 90 Classic Home Design Refund receipt 77867 900 00 Cole Paper Maintenance supplies 298 22 Communication Briefings Subscnpton 79 00 Commurnty Volunteer Service 2001 Allocation 1st qtr 3,300 00 Crotty, Jason Undorms 71 21 DARE Supplies 24 81 • Desch, Mark & Gloria May 2001 lease 979 65 Drummond American Corporation Equipment maintenance 97 03 Ecopnnt Parking maps 2,637 97 Empson Archives Professional services 4,500 00 Firehouse Magazine Subscnpton 28 97 Firstar Trust Services Professional services 850 00 Franklin Covey Office supplies 47 29 G &K Budding maintenance 3,219 46 Grafix Shoppe Lettering 105 94 Holman, Rose Mileage 175 45 Honeywell Quarterly maintenance fee 405 23 ICMA Freight 100 Ikon Office supplies,copier 23,602 51 Institute of Forensic Psychology Physical 475 00 International Association of Fire Chiefs Equipment 65 00 Intemational Business Machines Maintenance agreement 282 00 Jay Bros Inc Flood supplies 7,284 83 Johnson, Ron Office supplies 122 61 Kadin, Chantel Mileage 210 22 Kallestad, Kim Miscellaneous expenses 50 00 Lake Country Door Budding maintenance 445 50 Lake Superior College Seminar 85 00 League of MN Cities Insurance 1,523 00 Lind, Gladys Land purchase payment 927 00 • MA Associates Vehichle supplies 89 92 EXHIBIT " A" TO RESOLUTION #2001-81 Page 2 • Magnuson Law Firm Professional services 5,975 83 Mapel Island Building maintenance 178 52 Menards Maintenance supplies 77 46 Met Council May sewer 74,296 73 MN Board of Peace Officer Standards Licenses 810 00 Minnesota State Treasurer 1st Quarter permit surcharge 6,577 03 MTI Distributing Equipment maintenance 136 04 Northern Traffic Supply Flood supplies 226 59 Northwestern Tire Vehicle repair 505 23 Office Max Office supplies 342 40 Peterson, Craig Seminar expences 1,23919 Pinky's Sewer Service Repair Nelson lift 375 00 Plattner, Earl Urnforms 39 51 POD's Tire Vehicle repair 24 13 Press Publication Publication 161 00 Quantum Digital Office supplies 37 91 River Valley Printing Office supplies 414 29 Royal Lube Vehicle maintenance 114 78 St Croix Bike 8 Skate Bikes & supplies 852 73 St Croix Office Office supplies 188 70 St Joseph Equipment Equipment maintenance 9,045 61 St Pau Pioneer Press Advertisement 226 20 Secure Benefits System Corp Professional services 115 75 Shorty's Laundry 45 69 Space Mobile 8 Modular April rentals 135 00 • Spartan Signs 190 95 Star Tribune Advertisement 322 00 State of MN Bureau of Cnm Apprehension Equipment maintenance 270 00 State of MN Budding Codes Plan Review 4,640 68 Stillwater Amoco Fuel 6,423 41 Stillwater Gazette Publication 35 20 Stillwater Lions Dues 78 00 Stork Professional services 3,51400 Stretchers Education 202 44 Thompson Publishing Subscripton 317 50 Twin City Fab Equipment repair 2,352 80 Urnforms Unlimited Undorms 775 54 Van Paper Company Budding supples 277 17 Venzon Cell Phone 380 02 Viking Office Office supplies 167 51 Village Brass Office supplies 311 46 Volunteer Firefighters Benefit Assoc Insurance 1,065 00 Washington County Traffic services 101 69 Washington County Recorder Variances 66 00 Waste Management Recycle Services 12,690 00 White Bear Lake Seminar 75 00 Wright County Bag Co Flood supplies 2,462 75 Yocum Oil Fuel 250 03 Youth Service Bureau April allocation 7,000 00 EXHIBIT " A" TO RESOLUTION #2001-81 • Zizzo, John Seminar Adopted by the City Council this 17th day of Apnl, 2001 • Page 3 80 76 CITY OF STILLWATER MEMORANDUM • TO• Mayor and City Council FROM: Sharon Harrison, Assistant Finance Direct DATE: Apn19, 2001 SUBJECT: Utility Bill Adjustments-Sewer Chazges Descriytion Recommendation 1. Leaky toilet repaired Reduce July 2000 & future to prior 3 year average in Apn12000. of 16,000 gallons per quarter. • RESOLUTION 2001- RELATING TO PARKING RESTRICTIONS ON • S.A.P. 169-121 FROM C.S.A.H. 5 TO + 1/2 mile SW IN THE CITY OF STILLWATER, MINNESOTA (PROJECT 2000-11) WHEREAS, THIS RESOLUTION was passed this April 17, 2001 by the City of Stillwater in Washington County, Minnesota The mumcipal corporation shall hereinafter be called the "City", WITNESSETH WHEREAS, the "City", has planned the improvement of Curve Crest Boulevard (Street/Avenue), State Aid Route No. 121 from C S A H. 5 to + 1/2 mile SW in the City of Stillwater, Minnesota, and WHEREAS, the "City" will be expending Municipal Street Aid Funds on the improvements of this Street; and WHEREAS, this improvement does not provide adequate width for parking on both sides of the street; and approval of the proposed construction as a Municipal State Aid Street protect must therefore be conditioned upon certain pazking restrictions. NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City of Stillwater shall ban the parking of motor vehicles on Curve Crest Boulevazd at all times • Adopted this 17~' day of April, 2001. Jay Kimble, Mayor ATTEST: Diane Wazd, City Clerk • MEMORANDUM • TO. Mayor and Council FR City Administrator RE Approval to change from single to family coverage hosp/med for retired employee DA Apnl 13, 2001 Discussion- A former City employee retired on February 28, 1998 At the time of his retirement the employee was eligible to receive continued hospital/medical benefits at city expense (see attached Ordinance No 844) The employee would also have been eligible to have family coverage at the time of his retirement Unfortunately, the employee elected to receive single coverage at the time of lus retirement because he was of the understanding that he could switch to family coverage at a later date (the employee was and continues to be married to a current city employee who has single coverage, as well) The employee would now like to switch to family coverage to ensure that his spouse will continue to receive coverage in the event the spouse resigns before she is • eligible to receive the benefit. In regazds to the cost of doing so, the City presently pays up to $694 95 per month for family coverage and $264 22 for single coverage The current cost to the city, given the two single coverage amounts would $528 44 and it would appeaz that the difference would be about $167 more per month for the City. However, the current employee (i a ,spouse) is eligible to receive family coverage If the current employee elected to take family coverage and the retired employee elected to remain on single coverage) the City would then have to pay the both single and family coverage at a combined cost of $780 22 (for the duration of the spouse's employment with the city which is expected to be 5-7 years). I would recommend that the Council allow retirees to convert to family coverage to cover the spouse of the employee, provided that the spouse was the employee's spouse at the time of retirement and further provided that no other city coverage would be provided This would allow an employee and an employees spouse to remain on single coverage until the conversion was made and also that a combination of coverage (i a ,single and family at the same time) would not be allowed. In summary and in regazds to future considerations/requests, the attached resolution would only apply to employees who were eligible to receive the retirement benefit and would only apply to a spouse that was marred to the dependent at the time of his/her retirement In other words, the employee could not change to family coverage to cover future dependents/spouses and only one • coverage option (i a ,either single or family but not both) would be allowed at the time of conversion • Recommendation Council approve resolution allowing retirees who are eligible to receive continued hospitaUmedical insurance coverage per Ordinance No 844 to change to family coverage ~~ • • RESOLUTION NO.2001- ALLOWING CONVERSION OF HOSPITAL/ MEDICAL COVERAGE FOR RETIRED EMPLOYEES BE IT RESOLVED, by the City Council of the City of Stillwater, that any employee who was eligible for continuation of hospital medical benefits under City Ordinance No 844 shall be allowed to convert their coverage from single to family in order to provide coverage to employee's spouse, provided that said spouse was the eligible employee's spouse at the time of the employees retirement and provided that only one coverage option could be selected at the time of conversion Adopted this 17th day of Apri12001 Jay Kimble, Mayor • ATTEST Diane Ward, City Clerk • Ordinance No. 844 AN ORDINANCE ESTABLISHING HOSPITAL/MEDICAL INSURANCE FOR RETIRED CITY • EMPLOYEES THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN Section 1 Any permanent, full-time employee of the City of Stillwater hired pnor to December 31, 1988 and who retires after ten (10) years of City service and who is eligible to receive PERA retirement benefits at the time of retirement, shall be allowed to continue their hospitaUmedical insurance coverage at City expense If the City provided dependent coverage for his/her spouse at the time of the employee's retirement, the City shall pay said dependent's coverage until death Section 2 Any permanent, part-tune employee hired prior to December 31, 1988 shall also be eligible to receive hospitaUmedical coverage as provided in Section 1 above, except that the expense associated with the insurance shall be prorated between the City and the employee on the same cost-sharing basis as was in effect at the time of retirement. This ordinance shall be m full force and effect from and after its passage and publication according to law Adopted by the City Council of the City of Stillwater, Minnesota on the 2nd day of • S ptember , 1997. or Attest ~` City Clerk r Published: Stillwater Gazette Sept. S, 1997 • Memorandum • To: Mayor and City Council From: Diane Wazd, City Clerk Date: 04/13/01 Subject: New Liquor License Hearing New "Off-Sale" License -EKS, Inc -North Hill Liquor, Applicant - Edwazd Schmidt DISCUSSION: Mr Edwazd Schmidt, current owner of the Hazbor Baz is in the process of purchasing the Stems & Vine at 515 N Owens that is adjacent to his establishment The anticipated closing on the property is Apri130, 2001, but he would not take possession until July 2001. Mr. Schmidt would like to open an "Off-Sale" liquor store in this location He has contacted Steve Russell regazding any zoning issues and this use is allowed in this zoning distnct. Mr. Schmidt has met with Mr. Scott Mueller of Minnesota Liquor Control regazding the possibility of an entrance from the baz to the liquor store for employees only for coverage by the bartender when Mr Schmidt is away from the liquor store (see attached drawing of proposed layout of liquor store) Mr Mueller has provided the attached letter regarding Mr Schmidt's request • 'This license will not be considered a "combination license", because according to Minnesota Statute 340A.406 only forth class cities or statutory cities under 10,000 aze allowed to issue a combination license. This liquor store would have no public access from the baz and the baz could not sell from the liquor store or visa versa. The Hazbor Bar and the proposed North Hill Liquor store would have sepazate licenses, applications, insurance, cash registers, public entrances and operate as two sepazate businesses. Mr. Schmidt will be required to follow Building and Fire Code requirements and obtain a building permit for any remodeling. RECOMMENDATION: I recommend that the "Off-Sale" liquor license be approved conditioned upon approvals from Police, Fire, Finance and Building Departments, Minnesota Liquor Control, and satisfactory closing of the property ACTION REQUIRED: Conduct the public hearing and if Council concurs with the recommendation, they should pass a motion adopting Resolution No 2001-_, APPROVING NEW OFF SALE LIQUOR LICENSE EKS, INC. dba NORTH HILL LIQUOR STORE. • APPROVING NEW OFF SALE LIQUOR LICENSE EKS, INC. dba NORTH HILL LIQUOR STORE WHEREAS, a request has been received by EKS, Inc. (Edward Schmidt), dba North Hill Liquor, for an Off-Sale Liquor License at 515 North Owens, and WHEREAS, EKS, Inc. (Edward Schmidt) is the proposed buyer for the property known as Stems & Vines at 515 North Owens; and WHEREAS, all requued forms have been submitted. NOW THEREFORE, BE IT RESOLVED that the City Council of Stillwater, Minnesota, hereby approves anOff--Sale Liquor License for EKS, Inc (Edward Schmidt), dba North Hill Liquor contingent upon approvals from Police, Fire, Building and Finance Departments, Minnesota Liquor Control and successful closing on the property Adopted by Council this 17~' day of April, 2001. Jay Kimble, Mayor ATTEST Diane Ward, Crty Clerk CJ `91,' ~tP ~OF Alcohol & Gambling Enforcement Bureau of Criminal Apprehension Capitol Security Center for Crime V~ct~m Services Dever & Vehicle Services Drug Policy & Violence • Prevention Emergency ManagemenU Emergency Response Commission State Fire Marshal/ Pipeline Safety State Patrol Trafhc Safety talc®h®9 and C~arnB®16ng Enf®rcernerat ®ivisi®ra 444 Cedar Street, Suite 133, St Paul, Minnesota 55101-5133 Phone 651/296-6159 FAX 651 297 5259 TfY 651/282-6555 Internet http //www dps state inn us Apn19, 2001 Ed Schmidt EKS Incorporated 517 No Owens Street Stillwater, MN 55082 Re North Bill Iaquor Store Proposal Dear Sir, The Alcohol and Gambling Enforcement Division of the Minnesota Department of Public Safety has reviewed the plans you submitted on Apn15, 2001 relating to the proposed off sale liquor store located in Stillwater Your plan, as submitted, appeazs to be in compliance with the requirements of Minnesota Statutes and Rules pertaining to the exclusive off sale liquor business Please note however, before the Alcohol and Gambling Enforcement Division can grant final approval, all required applications, local ~unsdiction approval and a physical inspection of the premises by a State of Minnesota Liquor Investigator must be completed Also, please be advised that no off sale alcoholic beverage sales can be conducted in the Hazbor Baz As discussed previously, all off sale alcoholic beverages must be sold from the counter designated as the checkout for the liquor store, without exception Likewise, there is to be no public entrance to the liquor store via the Hazbor Bar Direct liquor store access, for customers, must remain separate from any other businesses and the entrances to the liquor store must be secured during non-business hours I hope this letter helps in the planmng stages of the business in question If you have any further questions or concerns feel free to contact this office at (651) 296-6979 Signed, Scott Mueller, Investigator Department of Public Safety Alcohol and Gambling Enforcement cc Diane Wazd, City of Stillwater • • L. ~! 1~ 1.~ ~ ~ ? ~e~ Psi ~ ~~ -~''b :.~ S i 9 1 a w t ~,n ~ ~ .~ ~~ ~ '~.; ~' ~ i ~~ \~C.1~ e ~ L.~~~ as r ~~ ~~~~U t ~~ ,.____~....~._ V.._._..__._. _~ ~~! ~3..• i ,r~ u.P may ~ ~ ~a~~ i ;~ k r" r ,~ ~ ~~ ..~ ~~ --~ I ` ' V 1 ~ ~ ~ ~. ~, `f ~ ~ 1~ -, ~.~_ t~ ~, '"~-~-._ i • MEMO To: Mayor and City Council h From• Steve Russell, Community Development Director ~ l/ Subject: Prelnminary Plat Approval to Subdivide 11.18 Acres of Land into 21, RA, Single Family Residential Lots (two existing homes and 19 vacant lots) Case No. SUB/01-05. Date: Apnl 12, 2001 This item was reviewed by the Piamm~g Commission at then meeting of March 12, 2001. At that meeting, they approved the request with the 10 conditions of approval listed in the staff report. Several neighbors expressed concern regazding site drainage and St. Croix Avenue road access improvements (see minutes). Since that meeting, the City Engineer has met with the developer's engineer and modified the drainage plans to better accommodate site drainage. Access through Outlot B (pazk dedication) to Stonebndge has also been moved further East on the new road • The applicant has submitted a wetland delineation report. The wetland as delineated is accommodated through building setbacks and open space dedication. Recommendation: Approval with conditions. Attachments: Planning Commission staffreport and minutes from 4/12/01, application (revised plans) and a letter from Jean and Dick Meyer. C7 A PLANNING APPLICATION REVIEW FORM CASE NO. SUB/O1-05 Planning Commission Date: March 12, 2001 Project Location: 1035 St. Croix Avenue West Comprehensive Plan District: Single Family Zoning District: RA Applicants Name: David Newman, Bancor Group Type of Application: Subdivision Project Description: The request is to subdivide an 11.18 acre site into 21 residential lots with 2 outlots Discussion: The site is located in the Single Family Residential, RA, Zoning District. The site was a part of the Amundson Fann, developed into the Oak Glen neighborhood m the 1980s The subdivision site contains two single family residences and is surrounded by single family uses, attached and detached, and Stonebndge Elementary School. The subdivision site currently is primarily vacant with two single family residences located directly south of St. Croix Avenue. The subdivision included the existing two residences and locates them on RA sized single family lots. Most of the existing trees will remain as part of the • dedication azea "Outlot B" or on existing residential lots Access to the azea is provided from West St Croix Avenue and Amundson Dnve. Anew road would connect the two streets to provide for movement to the west or east Residents from the new development could directly access Owens Street to the east without traveling on Amundson Dnve The site contains a pond (wetland) and an adjacent steeply sloped area. This azea is not developable and v~nll be preserved as part of the park dedication. The development concept is single family residential Some of the amts are served by shazed driveways reducing paved surface azea. The subdivision, streets, grading and utility plans were reviewed by the City Engineer and Fire Chief. Their comments aze summarized below and aze more specifically described in a memos from department directors. The road system proposed for the subdivision should include widening West St. Croix Avenue to a 20 foot paved surface Other streets should be a minimum of 24 feet wide and have a curve radius to accommodate fire truck turns. A cal de sac acceptable to public works and fire should be provided at the end of St. Croix Avenue for a turn azound. Site grading and drainage for the houses fronting on Amundson Drive aze of concern Site drainage runs through the back yazd of the units and per the grading plan could be a problem during high water events. The drainage system can be simplified by containing drainage m a pipe. Crrading/drainagepian changes will be required for this portion of the development. These w .~ street configurations, drainage/grading items should be addressed before the project is heazd by the City Council. The Parks Board reviewed the park dedication and trail plan at their meeting of February 26, 2001 and recommended acceptance of the dedication vv~th the relocation of the trail to provide direct access off of Amundson Drive. Recommendation: Approval Conditions of Approval: 1 St Croix Avenue shall be paved to a 20 foot width with turn around installed acceptable to the City Engineer. 2 The water service shall be a looped system. 3. Streets shall be a mimmum of~feet wide. ~(~ ~ 4. The drainage/grading plan shall be revised to meet City Engineer's concerns and receive Engineer's approval. 5. Trail design location and construction shall be approved by the City Engineer and paved trail installed with subdivision improvements. 6. Comer turning radius shall be 20 feet muumum. 7. An access and maintenance agreement shall be approved by the City for all shared dnveways. 8 A sidewalk or paved trail shall be located on one side of the new street connecting Amundson Dnve to West St. Croix Avenue. 9. For Lot 7, Block 1, the west side yard setback shall be 20 feet 10. For Lot 5, Block 1, the rear yard setback shall be a minimum of 45 feet. • l l . Outlot B shall be dedicated to the City with final plat approval Attachments: Application and plans Planning Commission Action on 3/12/01: Approval subject to 11 conditions (above). • PLANNING APPLICATION REVIEW FORM CASE NO. SUB/O1-05 Planning Commission Date: Mazch 12, 2001 Project Location: 1035 St. Croix Avenue West Comprehensive Plan District: Single Family Zoning District: RA Applicants Name: David Newman, Bancor Group Type of Application: Subdivision Project Description: The request is to subdivide an 11 18 acre site into 21 residential lots with 2 outlots. Discussion: The site is located in the Single Family Residential, RA, Zomng Distnct. The site was a part of the Amundson Farm, developed into the Oak Glen neighborhood in the 1980s. The subdivision site contains two single family residences and is surrounded by single family uses, attached and detached, and Stonebndge Elementary School The subdivision site currently is pnmanly vacant with two single family residences located directly south of St Croix Avenue The subdivision included the existing two residences and locates them on RA sized single family lots. Most of the existing trees will remain as part of the dedication azea "Outlot B" or on existing residential lots t, Access to the azea is provided from West St Croix Avenue and Amundson Drive. Anew road would connect the two streets to provide for movement to the west or east. Residents from the new development could directly access Owens Street to the east without travehng on Amundson Dnve The site contains a pond (wetland) and an adjacent steeply sloped azea. This azea is not developable and will be preserved as part of the park dedication The development concept is single family residential. Some of the units aze served by shazed dnveways reducing paved surface azea. The subdivision, streets, grading and utility plans were reviewed by the City Engineer and Fire Chief. Their comments aze summarized below and aze more specifically descnbed in a memos from department directors. The road system proposed for the subdivision should include widening West St. Croix Avenue to a 20 foot paved surface. Other streets should be a minimum of 24 feet wide and have a curve radius to accommodate fire truck turns A cul de sac acceptable to public works and fire should be provided at the end of St. Croix Avenue for a turn around. Site grading and drainage for the houses fronting on Amundson Dnve aze of concern. Site drainage runs through the back yazd of the units and per the grading plan could be a problem during high water events. The drainage system can be simplified by containing drainage in a pipe Grading/drainage plan changes will be required for this portion of the development. These street configurations, drainage/grading items should be • addressed before the project is heazd by the City Council. The Pazks Boazd reviewed the pazk dedication and trail plan at their meeting of February 26, 2001 and M /LWi~,GPG3-~f c Planning Commission • City of Stillwater Monday, March 12, 2001 Case No. SUB/Ol-O5. A preliminary plat fora 23-lot subchvision located at 1035 St. Croix Avenue West (Amundson Place) in the RA, One Family Residential District. David Newman, The Bancor Group Inc., applicant. The follovcnng items brought numerous comments from the neighbors of the proposed project. It was the intent of the builders/developers: 1. To build a concept of single family residential amts. Some of the units share driveways. 2 Two of the lots aze existing. There would be 19 new lots. 3. The price is $350,000 to $500,00 Perhaps as high as $lmilhon per unit. 4. That the villas aze designed for the "empty nesters" in concept. 5. That there is a strong "homeowners association". 6 That there will be a dedicated "pond and wetland pazk" with a trail system referred to as "Outlot B" consisting of four acres available to the residents, public and school. Mr Mark Putman and an engineer for the developers explained drainage and landscape Mr. Neuman explained that the Parks Board had requested the trail system to be located on one side of the new street connecting Amundson Drive to West St. Croix Avenue. Mr. Neuman • explained two options that he believed would enhance the trail system by creating a loop with a center walkway trail through the pond There was much discussion as to the two trail proposals. The material of wood chips was discussed at length, as it is believed that a paved trawl system would be better than a trail made of part wood chips and part paved trail. Commission member Dave Middleton presented a written letter to the Planning Commission from Mr. and Mrs Myers of 960 Amundson Drive. Much cscussion centered on the following mentioned by the Myers• 1. Environmental impact on the wet lands. 2. The movement of earth on Blocks 1, 2, 3 will destroy some very active and valuable wet lands. 3. Drainage would appeaz to be a real problem After grading 75 percent of the drainage would drain to Amundsen Drive which would overwhelm present storm sewers. 4 Site data shows lot density to be 1.9 per acre. This figure includes all wetlands and outlots. Actual average lot size is approximately'/a acre not %2 acre as the site data shows. Many residents expressed concerns for the following matters: The widening of West St. Croix Avenue to a 20-foot paved surface. The cal de sac that would be made at the end of St Croix Avenue for a turn azound. There was a question of access from one home renter who questioned his driveway having access n LJ 2 •. Planning Commission City of Stillwater Monday, March 12, 2001 Site grading and drainage for the houses fronting on Amundson Drive much flooding in the past was a issue with many residents as they talked about flooded basements, flooded streets and flooded back yazds and holes that fill with water during a storm. The Engineer for the Developers talked at length about the proposed storm sewers that aze proposed and how there is a new ecological treatment available that is a new method of handling run-off It was mentioned that the City Engineer must be satisfied with the proposed drainage sewer system being proposed. A property owner, was concerned over lus property's setback and expressed concern if there was going to be a setback closer than 20 feet. A property owner was concerned about speeding on the road and another about pazking, as there is no room for pazking azound any public park proposed. There was a concern for small children walking to school on Amundsen Drive. One resident was afraid of losing his property because of utilities and road widening After much discussion from the residents and the Plamm~g Commission with the Developers a motion was made MOTION Mr. Middleton made a motion that the Planning commission approved the proposed development with the following conditions: 1. That in the conditions of approval that numbers four shall read that the drainage/gradingpian shall be revised to meet the Crty Engineers requirements. 2. That number six is deleted. 3. That number 5 be revised to state a paved trail only 4. That a number 10 be added to state that lot 10 have a 20 sideyazd setback and that lot five have a 45 yazd setback. Under these changes Mr. Middleton moved for acceptance of the development design. Mr. Ranum seconded the motion With no other comments, a vote was taken Ayes: Mr. Hultman, Mr. Ranum, Ms. Bealka, Mr. Middleton, Mr. Teske, Mr. Walk. Nays: Mr. Gag Case No. SUP/01-06. A special use permit for office space in a nonconforming building at 215 North William Street in the RB, Two Family Residential District Garry Gilberg, applicant. The Special Use Permit is for a prospective tenant, Family Means services. That would occupy 2400 squaze feet of the 5000 squaze foot building. There are conditions of approval. There vv~ll be no signage (There can be something on the door or front door). • 3 r ~ sz-i PPA (1) APPLICANT Name: Company. Address: Telephone: • srII.twa~x conE PRELIMINARY PLAT APPLICATION FEE~J ~~ PAID ~ ~'i ~5ro !SZ ~- q~~ L ..-e IU f City: ~i.A+va State• M~" Zip Coder 5S ~~~ (~"o z-~qy (FAX)7gi-6R-~c~ •(H)Gr- 3r1-io3 i (2) PROPERTY FEE OWNER Name: ~-• ~ • ~~ a~ r c Company: Tittis.{~c: a~ `~-t IJs~uw /~1. ~n•...rrl,so~ 7'Atis~' ~aE'ed cTv~,t '~< <'t4S Address: 38~o L.~~~ /A~.t N~ ~- ° o ~ ~, lZ~ ~...+1 I'Vl~ ~..a i( City: a `~ ~ w-o State• ~+-~ Zip Code• ~yt Telephone: (VV) '1~7 - 64Go (FA~U ~~- 8431 (H) (8) SURVEYOR Name: T c ( ~ u' ~'~" Sw,~...sa.... Company: Saw-es R- ~<<l Address: 2 Sze o l„ ~ss,~- CAvr~ ~' ~ z City $~~s.., t~: State• New Zip Code• S s33 Telephone: (W)f ~e-may (FAQ ro-e. ~ .(Ii)~ (4) Property location: io33 ~N~.s,l- 5+1~. Crew 1~<.- !/-=.~ Legal description: ~ a ~~~ (6) Name of development: Aw~vr• o sow P4ac; Number of lots: ~ Current land use: JA ~A,.- ~' Z '~ycs~~aa rto^-as Proposed land use: S ~., l4 ~' ,N.~ l ~.* s -d~,,,#~ i•~. Current zoning: ~ A Proposed zoning. R A Anticipated project completion: ~ 2 ~ 3 i ~ 2oo'~j (6) SUBMITTAL REQUIREMENTS: (14 copies and one reduced 8'/s inches x 11 inches) Preliminary plat (PP) Tree preservation and landscaping plan (TLP) Street and utility plan (SUP) , Grading, drainage, stormwater and wetlands plan (GDSWP) Other information (OI) , CD32:S6 SUBDMSION CODE OF THE CITY OF STII.LWATER ~ 82-1 8~/s inch x 11-inch transparency I hereby apply for the above consideration and declare that the information and materials submitted with this application are complete and accurate per city requirements. I understand that the application will be processed when it has been found to be complete and adequate by the community development director. Property fee owner(s) si t r Applicant(s) signature(s): 1 Date• Z- I(.-8! PLEASE NOTE: If property fee owner is not the applicant, the applicant must provide written authorization by property fee owner in order to make application. • CD32:37 .- R21W R20W R19W L1a1 T!1 73M vauNm T!W '13W T29N Tl9M TtR4 7't9tl T27M 727N R22W RtIW R20W i i I ~' Viarrty Map .~~ ~ .. 0 471 Scale to Feet ~°~=a"°ti.v .~ 1Vlemoranchnn To: Steve Russell From: Klayton Eckles Date: 03/08/01 Subject: Comments on the proposed development at the Amundson Property City staff has reviewed the proposed engineering documents for the Amundson property and we have a number of concerns listed below. • 1 There is an existing low land at the northeast corner of this property. According to the developer, this has been investigated and there is not a wetland However, documentation has not been provided and an informal field investigation, on part of City staff, indicates that a wetland may be present Also the proposed grading plan would create ponding in the backyard of the existing home at the northeast corner of this development The grading and storm water piping plan should be modified • 2 Sewer and water utilities should be provided to all of the parcels in and around the development The current plan does not propose to install public utilities to Lots 1 and 2 Block 1 Service should be provided to these lots as they are in the plat 3. Lots 2 - 6 Block 4 which front on Amundson Dnve, all drain into a flat drainage swale in the backyazd This Swale will likely be a maintenance problem as rt has virtually no positive drainage. Also, the drainage from these lots does not go into a treatment pond, it flows directly into the City's existing stone water system If the City's storm water system is ever plugged or blocked, these properties could be subjected to flood potential The drainage from this entire development and other surrounding azeas is proposed to run directly through these backyards. It appears the drainage swale should be eliminated The amts should all be ramblers instead of lookouts And the storm water treatment system should be reanalyzed in this azea. 4. The Fire Chief has made a number of comments regarding the road design and access. The Engineenng Department concurs with these recommendations In addition, it appears that the cucle has some extremely sharp curb lines which will be difficult to maintain and negotiate. 5 The watennam currently terminates at West St. Croix Avenue. For looping purposes, the watenna~n should be extended east on St. Croix to the watennain on • Center Street. r r: Memo To Steve Russell, Community Development Director and the Planning Commission From Kim Kallestad, Fire Chief Date. March 7, 2001 Subject Case No SUB/01-05 A 23-lot subdivision at 1035 St Croix Avenue West David Newman, The Bancor Group Inc ,applicant As discussed at the staff review meeting yesterday, I recommend some amendments to the proposed plan for the project to work well and meet public safety needs Recommendations are 1 Make all (new) streets a mimmum of twenty-six feet wide (back to back) 2 Provide a mimmum curb radius of twenty feet on all corners 3 Widen St Croix Avenue (existing) to at least twenty feet (paved surface) 4 Provide an approved turn-around on the west end of St Croix Avenue (Preferred type • ofturn-around minimum 76-foot diameter open cul-de-sac) 5 Provide a looped water main system File St Croix Avenue deveiopment/pian review • .- , , ~ ~ i 's L~ ' i. ~ ,.~ _I ~t '_ ' - ' ~ - ~ ~ ~ ---' ' -; - :~~--~ -- ~~.~- :..L ~C ~•:+'~.~•ruxl ` 1 1 1'Y~ ,t~'- r~.S a A l~ - - . • I t ~ ._~. _ . _r_. ,~ v~ . ~ _ . L....,~ ~_ _ _ x .. _ __ _.. . . ._ ~ _.. ~... _ ~. ~ .;._._.~ . . ' .. ` . J '~~... ~ .- r" o ~cr~.-rte. ~s~r ~ a-~,_ ''~`%~~:~~~ - ~,- ~ -- - - -- ........ .._. ~-t ' ~. 1 _fi_ I .kx. ~_ 1 _.~ ,. i 1 : ! ~ ~ ~ , 111'• , 1 « L. _ (J i 1 1 '1 ( , 1 ... I -; x, 1 i • ~ 1 .;~ ; ~. »., .... ti» _~.~ .i .v r.K rx _ ~.. : xx.. _~ x x_ . . ._ . 1 ~ i , • 1 1 1 • i : •1 f _ n ~ -_;--k--._'......i.-_;.._j.._~.x' °_-L-;_ ~~ ..~.. %~Q~~:~1~'Y_?~.1.~-lJ~SG'Y.1_~h=-.tL~.~J.' _ . 1 . .~. x~.w L i.. x~., ,, 1.. ~ Ix ~ ' 1 ' _ _ _ ~ ~ ! ! - i ~~ 111' i 1 f `x' 'r; ''w" ~. ;_f_i ~.. ~_. ;_.~. _ ~ ._i ..;.. r ; .._1 . _ ._, _ .... _,_ . _, i 1 ~ 1 }~. ~. ~ .. : . _ ~ .! ' ,'~ ~~'~~ _ f_ -_--~_`~o~_ . ;- , I --; ' _~_ ~. ~. - --;--~-- ..w.. I -- < <__ ,,....._i- __, r~ r ~ r ~(~~ i 1 ' f ; 1 ~ ... ;__._,. ~ ~ _ ._ r. ' . ~ _.. ' .. _, _ '_ '... Imo... ~_. _..~~Y-~ ,/- -j --fir.. ;_ ~.. .__ i o ~. / - '... f. 'fir" ~ -' i i ' , _ ~ ! r ~ ~ i~ ;, r 1 ' i ~~ , 1 t ~ r ~ ~ f ~ !f 1 ~ i ~ r ,""i~i ~ e ,r i e r ~ ~~ ~__.~ r - -r--- ~~+----~- -~ ~ i i I ~,.,~.., i-- ~ - ~- - •~ ' ~ ._ ~ _ 1_._ i --r _~ f '~~ ' - Ir ~rT ~ rr- (~~I '~ '• f '. ! ,~ ~ i ~..~..... ~ _ f ~ I ~- ~ ~ _ -~ __-~ .r_ ~ t~ '~~_.~._ I f I t _~~ ' ~ -~- - l~--~--- I ~ ~ i I ~'-- - -FM i_Ti _ I -s i^-.-__ - - r-. ~_.~ r- -; - ~-- -- ~ I } -E+_.._~..._ i _ _~. i -__~ _=~~1 •~~ ;~. E _~__~_. _ r..,-,-, ~ -._,i. ~~~.. ._~ j -! ---i - ( -I ~--~~. i =~-....r.- ~•~-' -•i -- ~ -- ~.~~~~. -~-- ~ - i - ~r-- i ,~..-i___.~ - . _~ _I~ r" ^~---~--; ~ 1 ..~.....~-- -l--~.. 4 .i- -~- -~ - s -•~ ; - ~ 1 - --.. - i - - - -- -- i - --;- .: - -- - y ~~~ -' ~~ =~--, ._; _~_;_ ~~ _~ ~~;~~~~ ..S` ~... .. , f~~'- -• ~ ~~ ~~ ~I -- , _i_ _~_ _ ~~ ~ ~ ~ 9-' --ice I _I _ ~~~~~~~ ~~ ..._~ -. ..+_. y ...F.- -- - ~- -{-;- ~.~ ._i_ _ 1. _. .,-... ~ - .; - _ ~ - - ~. ~. - - . - I i t 1 _ .. 1 - ,-, --~- -T-- ~ - ~- - --- - - ~ ~ ,~ 1 ~ .~ r - 1 ' t~--.__ ~G ~ - i ~ -~ .. ~ i __L_. _ . _' _ ~..~~ ~ __'_ '_ ~_ ~ .._._.. _ . . i ~ - ' --!• i - -r -- I --; - -- ; - -T-~- - i - i -- .._ - - -- - -- - ..:.,._. ~ ~-._ 1"' ~ ._ ~_. I-_I. ~ _~_ f _- _,__ ~ , 1 i ~-~- i -- I- ~ 1 ~ ~ • i" 1 ' ~ ~ j -•~-- „~ _ ,111 ~ ; _ ~ _ , .!~~ _. -~^ _._; _ .._. . ; -- - -; - --~ , ~ - I • j- ! ! r '~ I 1 ~.._,.i_ i. _~._ ~~ ~_.- ~- -- -1-__ .... Ir.~~ _.r. ~ - ~~ ~ ~ i 1 _ir . ~ ~_ ' 1 .._,~ r._ ~, i r.. , --.i.-- _~ _, --- I _.~ - , , 1 1 .~,_ ~ l .~. i ~ . i 1 1 .~ 1 , . ~- /\ • • AMUNDSON PLACE STILLWATER, MINNESOTA PRELIMINARY PLAT EXHIBITS FOR THE BANGOR GROUP, INC. 1521 94TH LANE NE, MINNEAPOLIS, MN 55449 PHONE (763) 593-6177 FAX (763) 593-0073 C ~ _o~ }~ ~~ _~~ .~ ~, o .~W Z NV 2 Na~ U N W ~~_ a~ ~ ~~~_ W va ~z3W~ a ~a~~w ~ ~o ° E '~~. 0 .0 _c i PCiSd.oR e INDEX EsEgs' ~ 4 TITLE SHEET SHEET 1 ;:$::~° ;:~~a~q s °°'"' EXISTING CONDITIONS SHEET 2 PRELIMINARY PLAT SHEET 3 / PRELIMINARY GRADING DRAINAGE & EROSION CONTROL PLAN SHEET 4 \ ~ ~ PRELIMINARY UTILITY PLAN SHEET 5 ~ EXISTING DRAINAGE AREAS SHEET 6 ~ ~ ~ PROPOSED DRAINAGE AREAS SHEET 7 ~ '\ \ DETAILS SHEET 8 ~ U z: ~ w ~a U a s d ~x L <[" /N asw oa =W aW z~~ ~= ~ ~ pW ,a ~;~ 0= ------- ------- z N F V i h aJ ~ ~ ~ P d ~n E SITE MAP xm m s.~et N . i SCAI£ IN iEEi 0 100 20D J00 I mch • 100 fret BENCHMARK T N H 0 NEST ST CROI% AVENUE @ NILLIANS STREET NORTH 914 39 T N H 0 mIElAUS STREET NORTH R mUfINS STREET NEST 92369 MI~JIMUM SETBACKS FflONT 30 FEET SIDE (STREET) 70 FEET SIDE 1D FEET REAR 25 FEET 1 n e \t ---- I .~~.~a11b~ -----, E_ a-+...il... o e J• r ~~we -A , W , ~~ '~ y ~tl ~ C, ~ I I _ ~~l~v '\ • _ n~l ~;ma I I ` v~~MVVrn ~ _. _ _ wYmn ~ -- ~ , --~' - / ` ~ ~ n wn~ - --.. a,n I I r~ , ;~ ~~ ~ ., - I --- I , ~ ~ ~ !v n I \ ~ ~ ['s ~~1 .r er I tl ` Y1 ^ I o. WA \ ` ` `\ ` ~~ [. .in I ~0 8973 ~~Y ;, ~ I , r7iti[ ~ ~ a rw ~ (y J Imo) an fiO ~ ~~~ I AK V I ~`~ `\\ \ ~ .. ,. _ _ _ I qT~ LYcr },°pt' I`I I ~ r' .a\ w . ='F' m~?~ ~ »a as ram I ' , .{ 1 S :~ ~~~' I ...n + ~. ~, I 1 ' u " M - .ty ~ - __---- I I n n I~ \ r~ I r- n I : • 1.uv v \ \ j ~ ~/ ~ / i \ ~ ,~ / ~/ ~ ~ / ~ ~ ' - ~- ;- , ~' ,~ .7 . - --- M- - r; --- ~.--- ~.p- ----.,. a- a. -- ,r~. am ---- ~ --- j I / I 1EGEdQ ~a„ I ~ EXISTING CURB STOP E%ISTING SANITARY CLEANOUT ® E%ISTMIG WELL ~ EXISTING ELECTRIC BOX B EXISTING TELENSION BD% O EXISTING TELEPONE BOX EXISTING ASPHALT SURFACE I ~ EXISTING CONCRETE SURFACE I ~ EXISTING GRAVEL SURFACE "^--~ O EXISTING OVERHEAD POWER LINE ~ ^'^^^ EXISTING TREE LINE/TREES ----- --- -- E%ISTING CONTOUR -< ® ~ - EXISTING STORM SEWER EXISTING RETAINING WALL ~-~ - EXISTING SANITARY SEWER EXISTING FENCE - - - - - - WETLAND DELINEATION i EXISTING WATERMAIN _~ SCALE N FEET 0 50 100 150 i n[h • 50 hnl H AR T N H 0 NEST ST CROIX AIENUE k WILLIANS STREET NORTH 90439 T N H 0 NILLIAM$ STREET NORTH k NILKINS STREET NEST 92369 V C~ ~O%+ r~ ..~' ~~ ~~~e •a~N YI 2~ $ ~ ~0 • W M W na 1[[V Z ~ 4 Z ~v~ U N W ~~i G~~+°~ ~~U ~WUw= //~~ Z "~ ,YQ 3W ~a~~W -~E~Ee oea_~~ ~es~°~= =e€}g~; ~~eeF~s, ~~dYd&= R a w N z: U x ~~ O d ., a , a<F ~~ a=z °a~ W z=O ~_ o~~~a~ ~n< o= A3~ UW z~z zs ~ ~ °°' P d w ~ F f 1 I ~ i• I I SWTHEASi CIXtNER OF THE I SWTHEASi WARTER OF THE A I /"\ L)T I I ~ SWTHE0.5T WARIER SEC 10 IVVI\ I ~~ ~~T 30N A 20W ~ ~ ~- n I T r- L) / (N00 r009 w 0[ED) v L_ I v I L_ ~ \ (N01 n m w DEED) - / 333 32 N00°39 39 W ^TL)f-r_-T N01°1127~W 65000wDI11a7w 39013 N01°1t27~W --~ ~ - - v l l \L_L_ I ~i ~~~]9 _ all 7 - - - - 1 - - aaow - r --f p \ n \~ ----_ 1 ~ 7 -'r ~'\ -'---__ I ~ °1 I 31 low ~ ~ ~-\\ \ o -------- / n W ---------aaooo------- I - O 7'bLa ~. \\2 -. ~ p I I _I I ~ \ \ ~ ,-lo rao7 woE saw° I ~ ' M \ SFRR CASCx(X7 PER a pON ~ a ~ \ \ V DoE xo 4aom , - -I- ` \ EX t m~ I 4 °I I ~ \ \ ~ ,arE IPORARr~EASFMENi ~/ W~ \~~ \ // ~ I Z I 10580 S F I I iD701 5 F \ ~ PER DOC NO 40071] / ~ n ~ ~ ~ 09a / rc . \ ~ I - 22008 NOl°1127"W i 1o J \ / iWOp ~aoR°44ADFANDUDInrEASENCxr~~--- I\ \ \ / ~ Z ~ W /~ ~ bh/ // O~Wn I \\ to to ~ \ W " I I I I I I~ \ / 5569 7 /~~ \\ \ ~ ~ F~nw \\ Q I 2 3 `\ ~ / ~~ \ \\ ~~~~ _ 1 OUTLOTF B \\ 1 „I I loooo sF I„ I ,owo sF /v / ~ \ r I ~ 11876 S F \ I 1 X I ~I I I~ I 3 ~. ;DD ~~ ~\ \~ I I I /3 ern s 'I ~ \ ~~ ~~~ y $ \ ~ \ 11 I I 'y - \ 15797 5 F ~ ~ \ I 10 to \ \ \ L . ,M1 Fn °Be ~o~ ` ~ ~~ ~ ~ ~~~ 1 Id U 9003 - J L.. 9150 J `. 74 ~ / 47 t ~ (T \ IC_- ~ +~I ~ , ~ ~i ~ ~ - - ~ _ ~ ~ \ I r ~e \v \ 'tI051MD+1E,LML<_\ I ~I~ 3 ~ _ STREET A _" +l_- \~ ~ ~ .. ~ (~ Js r +'~ ° M1M1 I \ 1 II N ° 19975 7 Q/. r~ ~ I \ m $ ~ e E n n -13a V~ M1M1 100 ~ \ I DO u :ro°N< Ia4a 59fi9n ~,i3~P ~~ ~19f09~.~; \ \\\ I I yr II _ ~ ~~ _ ~ ~ I 2 I • I ~ a \~~~~~ . as as "I ~ ~~ I ° \ \ I I J I 4 \ ~ 10047 S F ~ I~ \ I ~ ~ rah / /~ ~m g ~ I I 11306 S F m 11748 S F \J I I 2w) 10 / Tj ~M1 1 nI // m~ L. i\ ~ 9~ ~~ M1M1 i o nsnx ~ ~ r 13745 $F / / _ " l0 1pr ~ / :/ )4as >1471 soo dal: 7soo >:Dao >moo a7x<\ 411 2 11 I I s ~: ~° /'~ i~~~' ~--~ r--~ ~--~ -~- n 14098 SF n l a I / I 104115E M1 / / I ~1D ~~ I ~PApppg01E0PORMIY I n I I . I ///T~` ( I I I I I I ~ I I ~ I I y. ~ RpADRAY [A4Nnli J 5 I - - - ~ ~ / / '~ ~----- 14116 SF ° L- 1Na7 `~ I ~ / 4 ° I 5 °"~ I 6 ,I I tO3105F .I I 10316 SF I" - - '~ i - - ~ I RI r - - - - § ~ ~ I ~ /~ ~~ ~ ^I I 10)86 SF =1 I 10054 SF RI I 1D053 SF I I 'I I I I I I I°i #~7~- L n'' ,~ ~ ,5304sF ~ I I I I I i t I I I a5 in 13648 S F I ~ ° ~ ~ ~ \ ~'~ Ei+o uN17ENRUaQA~ J I I D9sE I ° ~ - - ~ I 11375 5 F J:~~ ~ ~ 1 \ b or un17v PER ~ _ ~ L _ _ ~ L _ ~ ' ~3' xD .s9rso n L I I ~~ L _ _ ~ L_ _ - JID `"~ ~ \ Y ~~~ Ixae ~ 7sw I 3001 ~- - Ito ~~_--~1-$3 ~ _~ ~ ~ ---~ _ 7 Tao n » _ _ 190 7503 9379 _ _ _ - / 99581 S01°11'27"E n tAI Inln^nnl n~)1, Ir- 5 9 V I I (501 II03 E 99593 GEED) r\ I V I lJ I V iJ v \./ I V tJ I\ I V ~_ - ` ! ~I _ ~L-- - - -~T`--- n A I~ /~ I r' n I SWTHEAST CORNER OF LOTS/ / / ~ I bbbi V !"L I \ I \ \7 L L_ I V \ It &OCK 5 OAK GLEN NV ' Y~ L- (~ ) f^ ., ) -~ ,~; u_ 1 I L+J :~ (; ~ L'- ~„~ ~ _-1-- - - - - - - r-- I E~ ~VN / I __ -_ / / \ / LEGAL DESCRIPTION FROM TM'lJ7 OYYITN NT That pert of the southeast quarter of the southeast quarter of Sectaon 20 end that part o! the northeast quarter of the northeast quarter ai Sectaon 29 all In Townshrp 30 North Range ZO Xest PROPDSED DRnwAGE AND u7aaTr Nashmgton County Wnnesota deacnbed as follows EASEMENTS ARE SHOWN THUS Beganning el the aoutheeat corner of card southeast quarter of the southeast quarter thence north I I 01 degrees ll rnrnulea 03 seconds zeal assumed beanng along the east Ilne of said southeast s-I quarter of the southeast quarter a distance of 850 feet to the northeast corner of the tract of I I land allotted to Jahn P Lenhaadl an the Distnet Court Judgment dated December 24 1910 I-s CerUtaed Copy recorded December 30 1910 rn Book 70 at Deeds page 568 In the otfrce of the I I County Recorder Neshington County Yrnnesota thence north B9 degrees 41 manatee 29 seconds I I west along the north lane of sead tract parellel wrlh the south lane of sold aoutheeat quarter of I I ~ ~ L 1 the southeast quarter a distance of 51187 feel to the easterly lane of OAK GLEN accordmg to the '- "- -- " plat on trle m the otface of the Registrer of Tltles ieahangton County Ylnnesota thence south 01 degree 11 minutes 03 seconds east along sead easterly lane 995!!3 feet to the westerly prolongalroa at the south line of the north half of the northrresl quartet of the northwest quarter o[ the BEING 5 FEET iN 1wDTN UNLESS northeast quarter at Sectaon 28 (29 sac) of sead Townshap 30 Noai.h Range 20 Nesl end the north OTHERNiSE INDICATED ADJOINING lane of FISCHER HEIGHTS accordmg to the plat on tale an sead otface at the County Recorder LOT LINES AND BEING 10 FEET IN thence north 88 degrees 54 manatee 24 seconds east along sead north lane and along saLd westerly WIDTH UNLESS OtNEawSE INDICATED ADJOINING RI(#li Qi WAY roloa loon a distance of 508 50 feet to the east Ilne Dt acrd northeast uarter of the northeast P ~ q LINES AS SHOWN ON THE PLAT quarter thence north 00 degrees 40 maaules OB seconds xesl along sead east Irne 333 32 feet to the polal of begmnang E:eepl the north 220 00 feet of the south 810 00 feel of the east 85 00 feet o[ sand southeast quarter of the southeast quarter 9T DENS E DA10. ITY 19 D U /ACRE GRO55 1118 ACRES LOTS 565 ACRES A 0 W t 36 ACRES WT10i A 079 ACRES WTLDi B 398 ACRES Tµ AVERAGE LOT AREA 11 710 S F MIP11NlRA lOT AREA 10000 SF NINRIUM LOT WDTH 75 FEET NRaNUM LOT DEPTH 100 FEET MINIM SE78ALK FRONT FEET SIDE (STREET) Sfl FEET SIDE 10 FEET REAR 25 FEET AREAS OF d11L0T B WETLAND AREA 25994 SF AREA LESS THAN 25R GRADE 111884 SL AREA GREATER THAN 25R GRADE 2567D SF TOTµ 173 548 S F _~ SCALE Wa FEET 0 40 80 110 1 ntll = 40 fcel • CN - ~{~ n w> ~ ~~_~ ~N'~ _ ~ ~q Q' m... ~~QLL~ Z ~vu u W \~O2 ~N~~~ N Z V `ff5 Q ; W ~a`~€W Y~a : eg-' u4 ~~Y~]x ~~EY~~. W Ua z. U E .,n < ~ ~ s aka o~ ~ ~. x ~ v~i~zg°~W A;~ tJW ]"W d~ ~ a ~W° w W y r~ ~, Ik99l2 Eln mr, .~ - - -- -- _ ~~ I„~--± V 11 I\ I \ \7 L L_ IV ~/ ~ ~ / ..v o / i ~ ~/ ~"~y' ~ / ,~ ~~ ~ / .C ~\ I - _- -- LEGEND -- EXISIING CURB STOP EXISTING SANITARY CLEANOUT I ® G L ECTRIC BOX E%STIN E I ~ EXISTING TELEVISION BOX O EXISTING TELEPONE BOX EXISTING ASPHALT SURFACE EXISTING CONCRETE SURFACE a EXISTING GRAVEL SURFACE EXISTNG OVERHEAD POWER LINE I ..m ~ I O EXISTING TREE UNE/TREES ----- --- -- EXISTING CONTOUR -<~--c - E%S11NG STORM SEWER E%STING RETAINING WALL ^~ O ~ = E%S11NG SANITARY SEWER - a i E%STING WATERMAIN E%STING FENCE WETLAND DEUNEATION 1000 PROPOSED CONTOUR -<-~-~--~ - PROPOSED STORM SEWER ~~ PROPOSED SPOT ELEVATION ,•"• ~ \F i'Y{ r,+' r\ PROPOSED SILT FENCE CC Y-DUTY SRQPOSEDEHEAV i I FF EENN ~ ~ S C YIONOENTRANCE SILT FENCE CHECK DAM PROPOSED CONCRETE SURFACE _~- SCALE N FEET 0 SD IOD 150 1 nch • 50 feel N M T N H O WEST ST CRdX AVENUE 8 WLUANS STREET NORTH 94939 T N H 0 wLLIANS STREET NORTH 8 WLNINS STREET NEST 91769 MINIMUM SETBACKS FRONT 30 FEET SIDE (STREET) 30 FEFT SIDE t0 FEET REAR 25 FEET ^V - Ia~,,1I n w> ~ ~ ~n eeeee~ ~ u •~ N m 2~~°Z ~ m~ • W ~Z~~ a ~\&~ N Z V .N~.. /RQ3~ ~d~€ > EoaS ~i;sa : : -yyS•_~ , YiiAnF_R yS~~E~~ $s' •y,s 6~gg~fi= W dz as as < o ~zz ~do~ ~a~ 3~z Nd0 za ~W w~ a a I I I I i -- 1 I • • • ~- ,~ i_--- e' Pvc - STUB 8' DIP STUB I I I I I t '~ ~ ~~ I I n .~ I ~ I C~ ~o~ ~~~~ e .~ N _~~ •w a >< W Hi ~~~~~ Z ~ru y~.~~ ~ N ~~~ W Vim= z ;-~ II ~a~~W ~I u.E~~e t'~- j $ab'~ ~6e~e~~, :B F~ °°gx~Fb a- w a Zn U d ~ a; a<N ]„ a~~ o~ z~~~~€ ~/~ r/~+ VJ (" WO2 A J ~ U W ]~z 6a ~ ~ as r F•1 P d W ~~ aH ' ~^ ~ °nM n n Ir' „ I r- n i \ 7 v n I~ \ ~~ L C_ Iv \ \ \~ ~ ~/~/ i \ ~ ,~ / ~/,~/~ • EXISTING CURB STOP EXISTING SANITARY CLEANOUT 0 EXISTING WEII c EXISTING ELECTRIC 8DX ^ EXISTING IELENSION BOX ~ EXISTING 1ELEPONE BOX EXISTING ASPHALT SURFACE EXISTING CONCRETE SURFACE EXISTING GRAVEL SURFACE Z~- EXISTING OVERHEAD PDWER UNE -<- ® ~- EXISTING STORM SEWER ScatE IN fEEt ~~ EXISTING SANITARY SEWER 0 ~ ~~ ~~ I a EXISTING WATERMAIN EXISTING FENCE 1 rtKh ~ SD lal - ---- •-- - - WETLAND DELINEATION PROPOSED STORM SEWER N 6A RK ~~ - PROPOSED WATERMAIN iNx 0 NEST ST LRgM AVENUE 8 NILLUMS STREET NORTH 9U 39 PROPOSED SANITARY SEWER TNX 0 VAlUAMS STREET NORTH t MRXINS STREET NEST 92369 PG ^~^ /,~ ~ o'~ (7 ) DRAINAGE AREA Q PONDING AREA mar-~w -<~---c- EXISTING ASPHALT SURFACE EXISTING CONCRETE SURFACE EXISTING GRAVEL SURFACE EXISTING OVERHEAD POWER UNE EXISTING TREE LINE/TREES EXISTING CONTOUR EXISTING STORK SEWER EXISTNG RETAINING WAIL EXISTNG SANITARY SEWER EXISTING FENCE WETLAND DELINEATION EXISTING WATERMAIN :~ Q = 3 78 efs ._~ Z~- SCAIF N FEET 0 50 100 150 I mdi = 50 leel N H~IARK TNN ~ AEST ST CR01% AVENUE t WEUAMS STREET NORTN 9%%J9 TNN 0 KiIEIANS STREET NORTH k VAlNINS STREET REST 92369 ^. - O n w~ ~ ~ ~N b •~ (^ 1 S • W /~/ W n Z^ w, W ~~ W y &g W V~ ~_~ z ~a ~€ ~,F€ae .~.s ~~6E4~ - ° ~6:i5~~~ .y7~ ~" ~; ;,~~" w a z: U d d a~ a<w ~~ a~c~ o~ Za a< z~z o~ o~ d~a= A3a ~_ z~~, a~ a ~ E ~~ d ~ W' X E W • • T = 0 25 + 5 49 offsde = 5 74 AC T = 0 94 + 202 affslte ~ 2 96 AC (~ ) DRAINAGE AREA D PONDING AREA ~ Ch1~11rvU l.URO ]iUr EXISTING SANITARY CLEANOUT 0 EXISTING WELL o E%ISTING ELECTRIC BOX ^ E%ISTING TELENSION BOX m EXISTING TEIEPONE BOX EXISTING ASPHALT SURFACE EXISTING CONCRETE SURFACE EXISTING GRAVEL SURFACE -- EXISTING OVERHEAD POWER LINE ~ .gym .~ Q EXISTING TREE LINE/TREES OUR XI ST IN NT C O E G -<~~- T MM µ~ 7~ g E g NC gT U EXISTING REQAINI~ WAIL EXISTING SANITARY SEWER ~-, EXISTING WATERMAIN EXISTING FENCE WETLAND DELINEATION ..«., »•- PROPOSED CONTOUR PROPOSED STORM SEWER PROPOSED SPOT ELEVATION .at+?.( is I `rtr"n~' . PR P D SILT FENCE O O SE p p D ~ g VY-DUTY HEA S L N T F CE E C ~ ~ p 7 CONSTRUCTION ENTRANCE ~7-- N~ARY SEDIMENTATION A U ~i I SI B "fy 19 cfs Z~- SCALE NFEET 0 50 100 ISD 1 nch = 50 het N MARK TNH • WEST ST CR01X AVENUE k WILlIAMS STREET NORTH 90439 TNH 0 W0.LIAM5 STREET NORTH 4 WILKINS STREET WEST 92369 V C ~^ won ..~' " ~~~~ .~,~ ~b ~ m~ •w /~/~ W Qu rig Z - Z 3i°a~ v y W ~~__ ~~~~~ w um~ Z ; ~Q ~~ 8 < ~a°$W ~~E~~a = u4a~yi3= b~gY~~= N d U w a zP ~ N (~ d n d a~ a<w ~„ a"z °a~ z~~ >.~z ~_ Oda xW tn<a o= W z~w aJ ~ O ~° d 0 ~n a°". r~ 1 1 a Pair e ~ Ni A EAY+ d1TY SILT FCNCE NOTF. 1 PANT A 91µl 9C HIDNCA THAN 7 SEE HEAVY OUIY 9lr iENCE a1µ FM MSTµlANON PLAN NEM DITCH BLOCKING (HEAVY DUTY SILT FENCE) ~ ~., 6" MINIMUM t - 7 WASHED TOT ~o,9r/~0}N IB" MDWMUN CU7 OFF BERM ~IM1f/W/µ0N TO MWIMFLE RUNOFF FRON SITE 10 FILTER FABRIC SHALL BE PLACED UNDER HOCK TO STOP NUD MIGRATION THROUGH ROCK ROCK CONSTRUCTION ENTRANCE R/N ASPHALT q/p~ DD R/w 70 c DD 70 ISD 10 4-1i fi~ S t YAx sE[ arAA A WEST ST CROIX AVENUE 1-+/E BR NEAA EDURS[ 11A E at BASE CWRS[ IE7JI rW[ N6) M Q 5 AG6 BASE IOfAt PN9[D LNESrDR[ QETAIL A Anl SO/N R/R RM' E ~ IEa/I+o IzDMo 7 I ~ ~ ' ° a~uoAH ' ° r z~ sE arAR A TYPICAL STREET SECnON STREETS A Ac B D n_~ yol l eMMry! ] . ]nee! er NM Ms1 purl n nyn knglA q me new Nei rg EMk tk IN< - e nmp lobs fi eM brNri q ] nlwwk lq INS n IM inrsA IN[ oMw ofi! IrrneA figml iwrth elA Impltl Mma wl ~~~ ~~ 74fi( AtbeF INr le MA ~~4eb SILT FENCE an~a yip. w w< 6 M ell nVM R Orml'°n M ^"°II I [ Iwp w mrN nb I neA ~btM a nriwl~ tw M sH by MINIMUM SETBACKS FRONT 3D FEET SIDE (STREET) 3D FEET SIDE 10 FEET REAR 76 FEET 7 r ] Mee a pM knr! esl a w. Neo^fi n. w!~ gnmgwml sm ~~ IAa Ir.MR~e wr. » !As win M y~ ~w~ 'p /~e awpM~.m~~:l t°Mwp~oee / 49 bDenlM lgtA INe TAw T krnN beLm VwwA •m ~I.MN MMp W V 3 ~~ g we IIVL. AIbrA Irln! le wHA N wMp1 Form nu e4.mw BENCHMARKS T N H 0 WEST ST CR01% AVENUE 8 W0.LIAA15 STREET NORTH 9u 39 T N H 0 YALLIANS STREET NORTH 8 W41NIN5 $1REEi WEST 97369 C~ ~o~ ..~' " _ ~ ~N = ~ b 2~~ • W ~Z ~4 U Yu y~~~~ Z ~~~ Z Q;; W d n ~ ~ 0 ew~~~a s! z ~~a~'6 ~6 y-pp 2 u~'S ~3~a 46i ~~°3~~' U w z U a a~~ z~d~~ ~~~4a A~Q ~ z~ d ~11 °° ~fil W TYPK:AL POND ceoss sfcnoN ~ MEMO To: Mayor and City Council From: Steve Russell, Community Development Director ~ _ Subject: Appeal of Planning Commission's Decision Regazchng Side and Reaz Yazd Variance Request to Construct a Garage (Case No. V/01-07). Date: April 12, 2001 The request was heazd by the Planning Commission at their meeting of March 12, 2001 (staff report and rrunutes attached). The request is to demolish an existing 22' x 31' garage and attached storage shed and to construct a new 24' x 34', 816 squaze foot, three stall gazage. The request is to construct the garage on the south and east property lines The exact location of the property line is not known The applicant has indicated that he does not intend to have a survey prepazed because of the cost. The neighbor to the south was not sure of the property line location The variance request is to allow access to all three garage stalls straight in from the driveway. If • the gazage is setback the required 5 feet from the south property boundary, access to the third stall would be difficult. The Planning Commission reviewed the request and approved a 2 foot side (east) and reaz (south) yazd setback (conditions of approval attached). A property survey or corner irons located would need to be accomplished before a building permit would be issued The applicant has appealed the Planning Commission decision (letter attached). Recommendation: Decision on appeal. Attachment: Letter of appeal (3/4/01), Planning Commission Staff report and minutes of Mazch 12, 2001. r / I City Council ~ 1~ City of Stillwater ~ • Stillwater, MN 55082 RE Appeal of Case No V/01-07 Dear City Council I am appealing the decision of the City Planning Commission on March 12, 2001 for the above referenced Case Number My reasons of hardship are this 1) The City Planning Commission and the City Engineer both declared on March 12 that my property was only 75 2 feet deep from the Mulberry Street side (north to south) My property is in fact at least 99 feet deep according to both City and County plats (see attached figure) I'm not sure why this became an issue, but I warned to correct then challenge I own 1 5 lots in depth 2) The two-foot set back they declared may be adequate on the side yard (opposite Greeley Street), however the southern (back yard) boundary is probably close to, if not on, the zero lot line I desire to build a new garage to replace a deteriorating garage, and redirect driveway drainage away from my house and garage My request is to replace the garage and not lose the ability to use the northern entrances because of the angle created by the southern part of the house razed The main reason cited by the Planning Commission for the 2-foot setback was the potential ability to lose care and maintenance of the garage sides by intolerant neighbors My answer to this is that the neighbors will have to look at the deteriorating garage Drainage on the neighboring property was also less of a concern The drainage slopes steeply to the north from the neighbors to the south back onto my property My property receives considerable drainage from the property to the south The southern neighbor's house and garage sit higher than any part of my landscape My garage roof currentty and will corninue to drain to the north and south after reconstruction I have rented a metal detector and attempted to locate the corner stakes but with no success The flock ice under the snow in the vicinity of the supposed stakes may be to blame in reducing the detector's sensitivity The City Assistant Engineer indicated that the stakes are typically one-foot inside the sidewalks We have used tape measure and compass to measure from the approximate positions where the stakes should have been located according to the Assistant Engineers instructions We found that certain man-made structures coincided exactly where we should have found stakes For example the eastern end of our retaining wall on Mulberry Street is exactly 103 feet plus lfoot from the inside edge of the Greeley Street sidewalk The retaining wall itself is exactly 1-ft thick Also, the telephone pole on the east edge of our property lines up due south of the eastern edge of our retaining wall, and the retaining wall of our neighbors to the south If the plat measurements provided to me are accurate, then the southern edge of the garage is currently on or slightly north (my side) of the zero lot line I wish to use the existing footprint of the current stncuuree on the south side (back yard) I bought the property with the ability to use both sides of the garage Moving the garage two-feet north will disallow use of the northern half of the garage because of a decreased entrance angle at the southern edge of my house Losing the parking use of the northern half of my garage wtll Cause my property to lose value and rncrease street parking Thank you for considering my request Sincerely, l J Curtis M Hti ak attachments s PLANNING APPLICATION REVIEW FORM CASE NO. VOl-07 • Planning Commission Date: March 12, 2001 Project Location: 817 West Mulberry Street Comprehensive Plan District• Two Family Residential Zoning District RB Applicants Name: Curtis Hudak Type of Application Variance Project Description: A variance to the side yard setback (5 feet required, 0 feet requested) and to the rear setback (5 feet regwred, 0 feet requested) for the replacement of an existing garage. (Description changed to agenda format per Steve Russell, 3/12/01) Discussion: The applicant is proposing to replace a 22' x 31'deteriorating garage with a 24' x 34' garage. A rear yard and a side yard setback vraance would be required, because of the slope. The house is located deep on the site, the front is a steep slope, placing the garage within the required setback would be difficult. The applicant states on the application that he will match the pitch of the roof with the principal structure. Recommendation: Approval as conditioned Conditions of Approval: 1. The garage shall be similar in style and materials as the house. 2 Drainage from the roof shall remain on site. 3 Building plans be approved by the city engineer and building official. 4. Garage shall be setback 2 feet minimum from rear and side property line. Findings: 1 That a hardship peculiar to the property, not created by any act of the owner, exists. ]n this context, personnel financial difficulties, loss of prospective profits and neighboring violations are not hardships ~ustif}nng a variance. 2 That a variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and in the same vicimty, and that a variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his neighbors 3 That the authorizing of the variance will not be of substantial detriment to adjacent property and not materially impair the purpose and intent of this title or the public interest nor adversely affect the Comprehensive Plan Attachments. Application form and site plan. CPC Action on 3/12/01: Approval +7-0 with added Condition of Approval No. 4. .. Planning Commission City of Stillwater • Monday, March 12, 2001 MOTION A motion was made to approve the Special Use Permit with conditions by Mr. Walk and seconded by Ms. Bealka. With no discussion. A vote was taken .All in favor. Case No. V/01-07. A variance to the side yard setback (5 feet required, 0 feet requested) and to the reaz yazd setback (5 feet required, 0 feet requested) for the replacement of an existing gazage at 817 West Mulberry Street in the RB, Two Family Residential District. Curtis Hudak, applicant Mr. Hudak's neighbor was present to request that a survey be done to show the lot line. Mr. Hudak complained at the cost of the survey and the question of the neighbor's driveway possibly prod ecting onto Mr. Hudak's property. Mr. Hudak said that he was not moving closer to his neighbor's property but to the east. Mr Hudak said he is replacing the gazage he has already. The neighbor questioned the question of a new structure demanding new standards. Mr. Hudak said that the gazage will be 24 by 34 The project description was revised from the agenda and a variance to the side yazd setback (5 feet required, 2 feet requested) and to the rear setback (feet required, 4 feet requested) for the replacement of the existing garage. MOTION: A motion was made by Mr Middleton that the variance be allowed with the conditions listed that includes that the City Engineer and building official approve the building plans and that the setbacks be approved at 2 feet to the side yazd setback and 4 feet to the reaz i setback The motion was seconded by Mr. Ranum. A vote was taken All in favor Case No. SUB/O1-08. A subdivision of the rental townhouse lots located on Brewers Lane, Lots 1-8, Block 1 and Lots 17-24, Block 1 and Lots 1-6, Block 2, Long Lake Drive, Lots 1-8, Block 3 and Saddle Court, Lots 7-12, Block 2 and Lots 13-18, Block 2. Long Lake Villas Limited, Tim Nolde, applicant The applicant has requested withdrawal of the application due to additional construction requirements for individual lot subdivision. It is recommended that there be acceptance of the request for withdrawal All were in favor of withdrawal of request Final PUD Review. Review of final plans for single family residences and townhomes for Settler's Glen project Bill Richazds of Orrin Thompson Homes was present The final PUD review included landscape and features mailboxes and bus shelters. The School Distract has been consulted regarding the placement of bus shelters. The number of shelters will be determined and placed as deemed necessary and reasonable according to the proposed plan The lots aze to have three trees per lot. However some may have one as the three per lot refers to average. The tree lines and streets will "flow" so that the development is not all in a straight line. There will be a reduced version of the monument identifying Settler's Glen. 4 1 • Case No: Date Filed: Fee Pald: Receipt No.; PLANNING ADMINISTRATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILI.WATER 29 6 NORTH FOURTH STREET STILLWATER, MN 55082 ACTION REQUESTED v ~ -t) 0 Fes ~.SpeciaVCondltionai Use Permit 2t .~C._Variance $70 ~ --._Resubdivision 0 ..,Subdivision' $100+50/i Comprehensive Plan Amendment* $500 Zoning Amendment' $300 .Planning Unit Development " $500 ,Certificate of Compliance $70 ,Design Review • $25 '`An escrow fee Is also required to the costs of attorney and englneering fees (see attached) The applicant 1s responsible for the comp/eteness and accuracy of all forms and supporting material submitted In connection with any application. All supporting material (I e., pholos, sketches, ®tc.) submitted with application becomes the property of the Clty ofStll/water • A site plan Is required with applications. PROPERTY IDENTIFICATION • Address of Projec gl~ (~ /n ~ b.Q~r ~ St-, Assessor's Parcel No.~~.~~!G'~3~ ~~~:i Zoning Distric ~ Oescrlption of Project IC~.~~ uC,tKr~Q~ ~- t~ F f ~.•-1-E,s~t ~v-c~•~-C~ r '-~ sc~, cx- s;m•1rU,~r- r•-rp~:ri-, -s4. ~na~ . p, ~-ch can ~-;,nc.~c~b.~~a~Y "/hereby state the foreeoing statements and al! dafa,lnformatlon and evidence submlffed herewith In all respects, to f11e best of my knowledge and belief, true and correct. l further certify I will comply with file permit If It Is granted and used." Property Owner l~x~ •s M . ~~~~ Mailing Address ~ 1~ [ (111-~1 ~,o,r r.. fit- . city -state - +:Ilwc,-~e~- ,~ d ~ Telephone ~ ~ ~ - 9' I'} S/gnatu Representative ' Mailing Address City • State - 21p Telephone No. Signature E AND PROJECT DESCRIPTION Lot Size, (dimensions~'~~ 2 x 13 t~ ~ Land Area I s'C''~4~ s9 ,~+, Weight of Buildings: Stprtes ~ ^Feet~ ' Principal 2, /z ~_ Accessory 2'~. S' Total Buliding floor area,_ Z 8~6 square feet Existing 0982 square feet Proposed _ -~.~'~ R(b squats feet Paved impervious Area PAZ square feet~~ No. of off-street parking spaces 2 _ 'I, Foth &Van Dyke ~11~ eonaultonts •nglnoors selanelses - ~ Client: Scope I.D.: Project• Page: Prepared By: Date: Checked By: Date: i ~o ~'t-. u~ w ~ n~ ~' I W w DL ~m''i; ~Y`~.,ri~y~r.TTYI~~a l~~.ai~ a~l• t~ara•a.aa.t ratllaalnatr Lam}} H ~~ f I ~~r. t'~ d 4lS'~ aot,Sr ~~ °i /~~ ~ ~- ~~'r ~ ti (7r~~e,wa~ ~tr~~. ti2~{'h,yti 0• I ~ tie 130 ~f+. I~ ~~! - - ~1~ - i~ °~ 'I, ~ C ~? ~~. I. . ;~ ~ __ _ 1 .o~ _____~~\ __ ~ ~ ~ ~ '. '. r ' ~ ~~~ ~---~ i. , _- ' ~ 130 N r ' - -- .~ . ~ V`' -------------- - - ---- -- - - ----- - ~\ 129.55 ,) i ; ._, j o :- ~ ~~ .~ .j . ~ `~ . . , ~ ~ ~ 7 I 1 Location Map ^~~ ~ Id harn (raged) I I "I ~ - !1 , .. ' uiw uow uvw nm nnv ni nn+ reap rat i ~m+ am+ aa+ aca ~ n~ uxw u~w uow vanity Map o ao Scale m Fit n.a....w~rs.r.r.er. .r+r~esim.irr.asr.w nra ~ r~+aw w~i.a`~" wo...~ w.+.wc..a•~. .1/.tl~b..NY,s tir.erpmevN.p~ Mwpn 0~w ~~~a~~ w,.r. r..+"i~m+ Itt ~ ~ 77 ~°pa \ b ~ ~ ` 8 F IN• i = R ~ Ig n ® sm' ` ~ "may ` ^ r ~ e0 `\\ ~ H1l t~N~ 3 110 \ \ 1 eo . • - F 4 \ ` - ~y ~ ~ ~ ~ HeeN 70 12 ~ R 7411 / ~ R ~~Y \ ~~ . « _ ~ JN a Z ~ ~ ~• ~ n n t~ ~ • ® ~ R ~ 9 ` ~ A13N .. 1-« - u1!« LL1 yYv~ w q ~ e~+ R 8 y R f°11 ~ R a ns ns n! -n! ne li n! 1 J - jet - q Z R y'~ ~O ~ 8 9 10 7 q Q U Rq 8 7 8 5 4 S 4 s u6H 1G } J q q i°, 8 'n W 4~ ^ i°a iun *aq ir! R R Le7N B tr W R tm i tr R "' Y > ns n! ns ns n! n ne WEST LINDEN N ~,! i R 111eN ,~ 110 ~+q n IIO R ,~,~ 110 ~ R F.,,. ~ 16 Hd n1 n6 n! n! 106 eN t ~ R 9 2 r y ~ 8 7 8 8 4 ~ 2 p•+a R ~ R R ~ 7 m,a R ~m ~a+ o R •+~18 ~"a R ~ ~ N _ 4 N Y R Q 47 7 ~ 4 ti'a. (Ot3o) ~m Y ~ ~ R0 7~ t 72 73 74 15 110 * U * e ~1M IA ~,Oa Oa n p o Z W ^ 1 ~ ~ / R 5 R t01N t% ue 60 tr u! A6 116 / n! n! n n! WEST Mlll FRRY R 0 ° r lr uo va ~ K ~ X01 ~+ k im+, R ~ ~ ~. s p r k _ - 8 1 mr ® r R ~ 3 ~~ +r R rs ~a nsr ® R 4i°ea fos.l R q r R 8 ~, R :~. ~ R ~, 4 ~. ~.. ,m ,m. ,r. 7 -R 1! W ~ 5 ~ tr 7 R a 1r 7~ q a 5saa 7sm+ q N e 70 ~ 8 n uea ' ~ ~ o,n a ,m ue W m1 rrt F W ,m i n! ® {ZI J ® 72 ~q ~4 R W ~ 72 ,~ R ~ R ,2 ~ ~ „ =1' ~ ~ ue ~ ner w% N Q1 NO H STREET a ie1q q 0 R w '~+ R '~ / t~ao R R ~+>'i R /r - - 11' tm m, m e. ti 6s IP013 e ~ 18 t5 ~a 78 i°'n t~na R i"o i'°q R ue 0 tr ® ® 8 ° w ue ° - s uea san ° Z ° tyw ,~, to R o ~ ~>4 R ~ m ~ r ~ ° >m ae J ~ 70 ° R a i R W e° J ° to ° m ••~~~~~ Ifs m ° m! ~ me 9 R pp y 12 ,S°a 7 P~ R 9 R ° R m m ° t7i-s- °' g ,r +n% Ilrr R WEST RICE STREET 'lpe/" R R o p'p ~ R R $aa 5ir+i 6 5 m R ~„ ~ e R 8 to'+ 7 ~ q ~ R 8 ~ 7 ~ a~ R ~ ® 0 so4 7 sm+ R - ~! R 4y R ~ 70 +r ~ q ~ q m e 70 _ m 1! q ~ Z w t~aa y+r fa" ~ ~ ~ R R B g Q t~ '' faa ~~ R ® ~~~~ tiP'r a m~ ~p0! „ ~q R is ~a°12 ue 0 77 = 4 73 ~~ R Location Map m ° ° " a. 73 ° ° ' "~°a ,r +1. ° LE ST EET o w tu,w gxour n,9w Tl3N 771N rein ntrt reaa nat >z~ >_~ i 'RtN Tl1N T27N 'R7N nuw nt,w nww Vctmty Map t?'1}' ~rs l-.-~• 0 180 Scale m Feet n..m..v.e. e.es.glum wnpeamnsrrnas~eq em.rwrrwlh+~+~gaewe 7r •I.ro lea+e r voe r K.ne ~1`,br ~Orllsns ,re.1,lw.a. ~a a..ld. der ~~,~~ ~~~a~~ ouwray+ 6~s.7, mt wo~.w F'eee.ra mn 1 • To: Mayor and City Council ~ From: Klayton Eckles, City Engineer y~~ Date: 04/13/01 Subject: Agreement for Architectural Services with Sala Architects DISCUSSION: Steve Russell and I met today with Sala Architects to review the agreement for azchitectural services for the Public Works facility. Based on that meeting there have been numerous changes to the agreement The final agreement w111 be available on Monday and will be delivered to Council on Monday evemng for review before the meetiig. r: • • ~~11101 Gl~l l~~ll~l l l , . -,~ ,„ .., . .,. To: Mayor and City Council ~~,~ From: Klayton Eckles, City Engineer ~~ Date: 04/16/01 Subject: Approval of Sala Architects Agreement -Public Works Facility DISCUSSION: As directed by Council at their Apn13, 2001 meeting staff has met with Sala Architects regazding the azchitectural services for the Public Works facility Based upon that meeting I have attached the proposed agreement. RECOMMENDATION: Staff recommends that Council approve the a#ached agreement with Sala Architects for the Public Works facility. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adopting Resolution No. 2001- ,APPROVING OF AGREEMENT WITH SALA ARCHITECTS • APPROVING OF AGREEMENT WITH SALA ARCHITECTS BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the agreement between City of Stillwater and Sala Architects for architectural services related to a new Public Works facility, as on file with the City Clerk, is hereby approved, and the Mayor and Clerk are authorized to sign said Agreement Adopted by Council this 17~' day of Apnl, 2001. Jay L. Kimble, Mayor ATTEST: • Diane F. Ward, City Clerk Abbreviated Standard Form of Agreement Between Owner and Architect AIA Document B151 -1997 1997 Edition -Electronic Format OFr THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAYBE MADE BY USINrG eAiA DOCUI~IENTtD4U~pletron or modtficatron AUTHENTICATION This document has been approved and endorsed by the Amencan Subcontractors Association and the Associated Specialty Contractors, Inc Copyright 1974, 1978, 1987, ®1997 by The American Institute of Architects Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution AGREEMENT made as of the seventeenth day of April in the year two-tholisand and one (In words, indicate day, month and year) BETWEEN the Architect's client identified as the Owner (Name address and other rrprormatron) City of Stillwater 216 N. 4th St Stillwater. MN 55082 and the Architect (Name address and other rnjormotron) SALA Architects. Inc_ 904 So 4th St Stillwater. MN _55082 For the following Pro~ect• (Include detailed description ojPro~eet, location and address) P_ubltc Works and Pazks Facility Boutwell Road Stillwater MN 55082 The O~r~ner and Architect agree as follows ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated in Articles 2, 3 and 12 1.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. The Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which may be ad~iisted as the Project proceeds This schedule shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the ProjecK. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. 1.3 The Architect shall designate a representative authorized to act on behalf of the Architect with respect to the Project AIA DOCUMENT B151-ABBREVIATED OWNER-ARCHrfECT AGREEMENT -1997 EDITION -AIA - COPYRI PHT 1~p997y, THE AMERICAN WS tTi ~E~d ARCHTfECTS, 1735 NEW YORK AVENUE N W , WASHIIVGTON, D C 20006-5292 WARNING Unlicensed hot rig violates U S copyngh wilt subject the vrolator to legal prosecution This document was electronically produced with pemtission of the AIA and can be nprodutxd without vtolation until the date of e>,piration as noted below Electronic Format B 151-1997 User Dociiment 00119 DOC - 4/16/2001. AIA License Number 114336, which expires on 9/7/2001-- Page #1 1.4 The services covered by this Agreement are subject to the rime limitations contained in Subparagraph 11 5 1. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION The Architect's Bastc Services consist of those described in Paragraphs 2 2 through 2 6 and any other services identified Article 12 as part of Basic Services, and include normal structural, mechanical and elecmcal engineering services 2.2 SCHEMATIC DESIGN PHASE 2 2.1 The Architect shall review the program furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner 2.2.2 The Archttect shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requtrements, each in terms of the other, subject to the limitations set forth to Subparagraph 5 2 1. 2.2.3 The Architect shall review with the Owner alternative approaches to design and construction of the Project 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requrements, the Architect shall prepare, for approval by the Owner, Schematic Design Documents conststing of drawings and other documents illustrating the scale and relationship of Project components 2.2.5 The Architect shall submit to the Owner a preliminary estimate of Constructton Cost based on ciiirent area, volume or simtlaz conceptual estimating techniques 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Destgn Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Architect shall prepare, for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to azchitectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate 2.3.2 The Architect shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Constructton Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project 2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding information, bidding forms, the Conditions of the Contract, and the form of Agreement between the Owner and Contractor. 2A.3 The Architect shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market condirions. 2.4.4 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 2.5 BIDDING OR NEGOTIATION PHASE The Archttect, following the Owner's approval of the Construction Documents and of the latest preliminazy estimate of Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction 2.6 CONSTRUCTION PHASED ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences AIA DOCUMENT B 151-ABBREVIATED OWNER-ARCHITECT AGREEMENT -1997 EDITION - AIA -COPYRIGHT 1997 - THE AMERICAN IIdSTITUI'E OF ARCHITECTS, 1735 NEW YORK AVENUE N W , WASHMGTON, D C 20006-5292 WARNMG Unlicensed photocopying violates U S copyright laws will subject the violator to legal prosecution This document was electronically produced with permission of the AIA and can be reproduced without violation unt date of expiration as noted below Electronic Format B15h-1997 User Document. 00119.DOC -- 4/16/2001 AIA License Number 114336, which expires on 9/7/2001-- Page #2 ' with the award of the initial Contract for Construction and tetmtttates at the earlier of the issuance to the Owner of the final Certificate for Payment or 60 days after the date of Substantial Completton of the Work. 2,6.2 The Architect shall provide administration of the Contract for Construction as set forth below and in the edition of AIA • Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement, unless otherwise provided in this Agreement Modifications made to the General Conditions, when adopted as part of the Contract Documents, shall be enforceable under this Agreement only to the extent that they are consistent with this Agreement or approved m wasting by the Archttect 2.6.3 Duties, responsibilities and limitations of authority of the Archttect under this Paragraph 2 6 shall not be restricted, modified or extended without written agreement of the Owner and Archttect with consent of the Contractor, which consent will not be unreasonably withheld 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner duniig the administration of the Contract for Construction The Architect shall have authority to act on behalf of the Owner only to the extent provided m this Agreement unless otherwise modtfied by written amendment. 2.6.5 The Architect, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by the Owner and the Archttect m Article 12, (1) to become generally familiaz with and to keep the Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guazd the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance wtth the Contract Doctments However, the Archttect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work The Architect shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs m connection with the Work, since these are solely the Contractor's rights and responsibtlitiesuasder the Contract Documents 2.6.6 The Architect shall report to the Owner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. However, the Archttect shall not be responsible for the Contractor's failure to perform the Work m accordance with the requirements of the Contract Documents The Architect shall be responsible for the • Architect's negligent acts or omissions, but shall not have control over or chazge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work 2.6.7 The Archttect shall at alh times have access to the Work wherever it is m preparation or progress. 2.6.8 Except as otherwise provided in this Agreement or when direct commiinications have been specially authorized, the Owner shall endeavor to communicate with the Contractor through the Architect about matters arising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall be through the Architect 2.6.9 CERTIFICATES FOR PAYMENT 2.6.9.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates m such amounts. 2.6.9.2 The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Subparagraph 2.6.5 and on the data comprising the Contractor's Application for Payment, that the Work has progessed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the quality of the Work is m accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completton, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect 2.6.9.3 The issuance of a Certificate for Payment shall not be a representation that ree Arc at o~~~ion means, m tethods, continuous on-site tnspecttons to check the quality or quantity of the Work, (2) techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and AlA DOCUMENT B 151-ABBREVIATED OWNER-ARCHITECT AGREEMENT -1997 EDITION - AL4 -COPYRIGHT 199p -THE AMERICAN INSTIT ~ ~Oa ARCHITECTS, 1735 NEW YORK AVENUE N W , WASHWGTON, D C 20006-5292 WARNWG Unlicensed photaco }ring violates U S copyngh vnll subject the vwlator to legal prosecution This document was electronically produced wdh penmssion of the AIA and can be reproduced vnthout violation until the date of exp~rat~on as noted below Electronic Format B l 51-1997 User Document 00119 DOC -- 4/16/2001. AIA License Number 114336, which expires on 9/7/2001-- Page #3 other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascettattied how or for what purl3ose the Contractor has used money previously paid on account of the Contract Sum 2.6.10 The Archttect shall have authortty to reject Work that does not conform to the Contract Documents. Whenever the Archttect considers tt necessary or advisable, the Architect shall have atrthonty to require inspection or testing of the Work to accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Archttect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. 2.6.11 The Archttect shall revtew and approve or take other appropriate actton upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed to the Contract Documents The Architect's actton shall be taken with such reasonable promptness as to cause no delay to the Work or to the activities of the Owner, Contractor or separate contractors, while allowing sufficient time to the Architect's professional judgment to permit adequate rewew Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as requtred by the Contract Documents. The Architect's revtew shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component 2.6.12 If professional design services or certifications by a design professional related to systems, materials or equipment are specifically requtred of the Contractor by the Contract Documents, the Archttect shall specify appropriate performance and design criteria that such services must satisfy. Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor shall bear such professional's written approval when submitted to the Architect The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals. 2.6.13 The Archttect shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by the Architect as provided in Subparagraphs 3 1 l and 3 3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in th~ Contract Sum or an extension of the Contract Ttme which are consistent with the intent of the Contract Documents. 2.6.14 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall receive from the Contractor and forward to the Owner, for the Owner's revtew and records, written warranties and related documents requtred by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for Payment based upon a final inspection indicating the Work complies vnth the requirements of the Contract Documents 2.6.15 The Architect shall interpret and decide matters concerning performance of the Owner and Contractor under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. 2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith. 2.6.17 The Architect shall render initial decisions on claims, disputes or other matters in question between the Owner and Contractor as provided in the Contract Documents However, the Architect's decistons on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents 2.6.18 The Architect's decistons on claims, disputes or other matters in question between the Owner and Contractor, except for those relating to aesthetic effect as provided in Subparagraph 2 617, shall be subject to mediation and arbitration as provided in this Agreement and in the Contract Documents. AIADOCUMENT BI51-ABBREVIATED OWNER ARCHITECT AGREEMENT -1997 EDITION - AiA -COPYRIGHT 1997 -THE AMERICAN 1NS11TITfE OF ARCHITECTS, 1735 NEW YORK AVENUE N W , WASHINGTON, D C 20006-5292 WARNING Unlicensed photocopying violates U S copyright laws ~rnB subject the violator to legal prosecution This document was electronically produced with permission of the AlA and can be reproduced without violation unU date of expiration as noted below Electronic Format B151-1997 User Document 00119.DOC -- 4/l6/2001 AIA License Number 114336, which expires on 9/7/2001 -Page #4 _, ARTICLE 3 ADDITIONAL SERVICES • 3.1 GENERAL 3.1.1 The services descnbed in this Article 3 are not included rn Basic Services unless so identified in Article 12, and ey shall be patd for by the Owner as provided in this Agreement, to addition to the compensation for Basic servtces The servtces described under Paragraphs 3 2 and 3.4 shall only be provided if authorized or confirmed m venting by the Owner If services descrtbed under Contingent Additional servtces in Paragraph 3 3 are required due to circumstances beyond the Architect's control, the Architect shall notify the Owner prior to commencing such services. If the Owner deems that such services descrtbed under Paragraph 3 3 of such Co t n ~e t Ada onal Servtcespare not required, the Arch ect shall have no ob gat on totprovtde writing that all or part g those services 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES h 2.6 5 is re uired, the Architect shall 3.2.1 If more extensive representation at the site than is descnbed in Subparagrap q provide one or more Project Representatives to assist in carrying out such additional on-site responsibilities 3.2.2 Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compensated therefl, be as desc bed m theeedttion of AIA DocumuentSB352ocsiurenttas of the date of this Agreement, unless Representatives sha otherwise agreed 3.2.3 Through the presence at the site of such Project Representatives, the Architect shall endeavor to provide further protection for the Owner against defects and deficiencies in the Work, but the fiirnishmg of such project representation shall not modify the nghts, responsibilities or obhgatons of the Architect as described elsewhere in this Agreement. 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making revisions in drawings, specifications or other documents when such revisions are .1 inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by • adjustments in the Owner's program or Project budget; .2 required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents, or .3 due to changes required as a result of the Owner's failure to render decisions m a tunely manner 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, the Owner's schedule, or the method of bidding or negotiating and contracting for construction, except for services required under Subparagraph 5.2 5 3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, evaluating Contractor's proposals, and providing other services in connecton with Change Orders and Construction Change Directives 3.3.4 Providing services in connection with evaluating substitutions proposed by the Contractor and making subsequent revisions to Drawings, Specrficatons and other documentaton resulting therefrom. 3.3.5 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such Work. 3.3.6 Providing servces made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Constuction 3.3.7 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with AIA DOCUMENT BI51-ABBREVIATED OWNER-ARCI-IITECT AGREEMENT - 1997 EDITION -AIA -COPYRIGHT 1997 THE IAMEU S ~~~tT~TEand ARCHTfECTS, 1735 NEW YORK AVENUE N W > WASHndGTON, D C 20006-5292 WARNING Unlicensed photocopyt g will subject the violator to legal prosecution Thts document was electronically produced with perni~sston of the AIA and can be reproduced without violation until the date of expiration as noted below Electronic Format B 151-1997 User Document. 00119.DOC - 4/16/2001. AIA License Number 114336, which expires on 9/7/2001-Page #S the Work. 3.3.8 Providmg services in connection with a public heazing, a dispute resolution proceeding or a legal proceeding except where the Architect is party thereto. 3.3.9 Prepaniig documents for alternate, separate or sequential bids or providing services in connection with bidding negotiation or construction prior to the completion of the Construction Documents Phase 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing analyses of the Owner's needs and programming the requirements of the Project 3.4.2 Providing financial feasibility or other special studies. 3.4.3 Providing plannmg sturveys, site evaluations or comparative studies of prospective sites 3.4.4 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project 3.4.5 Providing services relative to fiiture facilities, systems and equipment. 3A.8 Providing services to investigate existmg conditions or facilities or to make measured drawings thereof. 3.4.7 Providing services to verify the accuracy of drawings or other information furnished by the Owner 3.4.8 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of sernces required in connection with construction performed and equipment supplied by the Owner 3A.9 Providing services in connection with the work of a construction manager or separate consultants retained by the Owner 3.4.10 Providing detailed estimates of Construction Cost • 3.4.11 Providing detailed quantity surveys or inventories of material, equipment and labor. 3A.12 Providing analyses of owning and operating costs 3.4.13 Providing interior design and other sunilaz services required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. 3.4.14 Providing services for planning tenant or rental spaces. 3.4.15 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities 3.4.16 Preparing a set of reproducible record drawings showing significant changes in the Work made during construction based on marked-up prints, drawings and other data famished by the Contractor to the Architect. 3.4.17 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 3.4.18 Providing services after issuance to the Owner of the final Certificate for Payment, or in the absence of a final Certificate for Payment, more than 60 days after the date of Substantial Completion of the Work 3.4.19 Providing services of consultants for other than architectural, structural, mechanical and electrical engineering portions AIADOCUMENT BI51-ABBREVIATED OWNER-ARCWfECT AGREEMENT -1997 EDITION - AIA -COPYRIGHT 1997 -THE AMERICAN INSTITUTE vF ARCHITECTS, 1735 NEW YORK AVENUE N W , WASHINGTON, D C 20006-5292 WARNING Unlicensed photocop}nng violates U S copyright laws wdl subject the violator to legal prosecution This document was electronically produced with perimssion of the AtA and can be reproduced without v~olat~on anti date of expirapon as noted below Electronic Format B151-1997 User Docttment OOl 19 DOC -- 4/16/2001 AIA License Number 114336, which expires on 9/72001--Page #6 of the Project provided as a part of Basic Services 3.4.20 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice • ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall provide full information in a timely manner regarding requirements for and lunrtations on the Protect, including a written program which shall set forth the Owner's obtectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements The Owner shall famish to the Architect, within 1 S days after receipt of a written request, mfoimation necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights 4.2 The Owner shall establish and periodically update an overall budget for the Protect, including the Construction Cost, the Owners other costs and reasonable contingencies related to all of these costs 4.3 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Protect The Owner or such designated representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services 4.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility lPcpations for des iand lin s Protect, and a written legal description of the site. The surveys and legal information shall include, as a licable, gra of streets, alleys, pavements and adtoining property and structures, adtacent drainage, rights-of--way, restrictions, easements, encroachments, zoning, deed restnctaons, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees, and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Protect benchmark 4.5 The Owner shall furnish the services of geotechnical engineers when such services are requested by the Architect. Such services may include but are not !united to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating • subsoil conditions, with reports and appropriate recommendations 4.6 The Owner shall furnish the services of consultants other than those designated in Paragraph 4 5 when such services are requested by the Architect and are reasonably required by the scope of the Project. 4.7 The Owner shall furnish structural, mechanical, and chemical tests; tests for air and water pollution, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents 4.8 The Owner shall furnish all legal, accounting and insurance services that may be necessary at any time for the Protect to meet the Owner's ftedP an enttot o ascertain how or forlwhat purposes the Contracto has useed theymoney pa d by or on behalf of the Applications yin Owner 4.9 The services, information, surveys and reports required by Paragraphs 4.4 through 4 8 shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 4.10 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Protect, including any errors, omissions or inconsistencies in the Architect's Instruments of Service ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall be the total cost or, to the extent the Project is not completed, the estunated cost to the AIA DOCUMENT B I S t-ABBREVIATED OWNER-ARCHTfECT AGREEMENT - 1997 EDITION - AIA -COPYRIGHT 1997 THE IAMEU S ~P i~t Laws a0i~d • ARCHITECTS, 1735 NEW YORK AVENUE N W , WASHINGTON, D C 20006-5292 WARNING Unlicensed photocopy g will sublxt the vrolator to legal prosecution This document was electronically produced with pcmuss~on of the AIA and can be reproduced without violation until the date of expiration as noted below Electronic Format BI51-1997 User Doctunent. 00119 DOC -- 4/16/2001 AIA License Number 114336, which expires on 9/7!2001 --Page #7 Owner of all elements of the Project designed or specified by the Architect 5.1.2 The Construction Cost shall include the cost at current mazket rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor, plus a reasonable allowance for their overhead and profit In addition, a reasonable allowance for contingencies shall be included for mazket conditions at th~ time of bidding and for changes in the Work 5.1.3 Construction Cost does not include the compensation of the Architect and the Architect's consultants, the costs of the land, nghts-of--way and financing or other costs that are the responsibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget, the preluninary estunate of Construction Cost and detailed estimates of Construction Cost, if any, prepazed by the Architect, represent the Architect's judgment as a design professional familiaz with the construction industry. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Archttect 5.2.2 No fixed lunrt of Construction Cost shall be established as a condition of this Agreement by the fiunishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been established, the Architect shall be permitted tovnclude contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction aze to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids as may be necessazy to adjust the Construction Cost to the fixed limit Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction 5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, any Project budget or fixed Inuit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry n Cost ad usted as rovided in Sub a h 5.2 3) is exceeded by the lowest bona fid• 5.2.4 If a fixed lunit of Constructio ( ~ p PIP' P bid or negotiated proposal, the Owner shall .1 give written approval of an increase in such fixed lnnit, .2 authorize rebidding or renegotiating of the Project within a reasonable tune, .3 terminate in accordance with Paragraph 8 5, or .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost 5.2.5 If the Owner chooses to proceed under Clause 5 2 4.4, the Archttect, without additional compensation, shall modify the documents for which the Architect is responsible under this Agreement as necessary to comply with the fixed limit, if established as a condition of this Agreement. The modification of such documents without cost to the Owner shall be the liinit of the Architect's responsibility under this Subparagraph 5.2.5 The Architect shall be entitled to compensation in accordance v~rith this Agreement for all services performed whether or not the Construction Phase is commenced ARTICLE 6 USE OF ARCHITECT'S INSTRUMENTS OF SERVICE 6.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants aze Instruments of Service for use solely with respect to this Project. The Archttect and the Architect's consultants shall be deemed the authors and owners of then respective hnstruments of Service and shall retain all common law, AIADOCUMENT B151-ABBREVIATED OWNER-ARCHITECT AGREEMENT -1997 EDTIION - AiA -COPYRIGHT 1997 -THE AMERICAN TNS'rrrUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N W , WASHIlVGTON, D C 20006-5292 WARNING Unlicensed photocopying violates U S copyright laws will subject the violator to legal prosecution This document was elechvmcally produced with periinssion of the AIA and cen be reproduced without violation until date of expiration as noted below Electronic Format B151-1997 User Document 00119 DOC -- 4/16/2001 AIA License Number 114336, which expires on 9/7/2001 -Page #8 6~ a~sd -- i00Z/U6 uo sandxa yotyM `9££til I .tagwn),t asuaatZ dI~d IOOZ/9i/b -- COQ 6l t00 luawnooQ ~asf1 ! 66 t- i S l fl leuuo3 otuoAaatg molaq pa;ou se uon~~dxa3o ~P o~n a C ns iM Inun uoi3sloin;nogiu+~ paanpada~ aq uua pue ~ a~;o uoiss~uuad y;in+ paonpad ,CII¢a~uo~aap seM;uawnaop s~41 not;naaso~d legal o; ~o~l q1 taa q II us sMel 3q$~LCdoa S Cl saielo~n ;Im~Sdoao;oqd pasuaaqufl IJWN~IHM Z6ZS-9000Z O Q `N01rJ11IHSdM ` M N 3fiN3AV ?Rt011 M3NI S£LI `S.L031IH021`d 30 31[1.i.u.S11i N[`dORI31Ntr 3H1- L66I .LH'JIZiAd00 - did - NIOI.LIQ3 L66I - .Lt13W39~IrJN .L0311HOZN-~13NM0 Q3.LtM321t3~d-I S I S 1M3WfI~OQ VIV ~Cq papioap aq Iteys uolletpaw rCq pantosa.t lou aie Igyl sacked ayl uaaMlaq uollsanb ut siallsw laylo pue salndstp `scutel~ Z'Z'1 t L yd~~d ~~ aouepiooos w uotletpaw ~Cq salndsip antosa.c of .toneapua Ileys satl~ed ay; `uo-lealtgle o; iot.td uotlslltq~s of ~afgns aq itsys luawaat~y sty; of palstat io;o Ino $utst.te uotlsanb uc ~allew iaylo so alndstp `wtsio ~Cuy (.'Z'1 NOIltl211192111 Z'1 3oaaayl uouatpstmf ~ulney ~.tn°o ~Cus w s;uautaat~s ~uawal~as ss algeao~o3ua aq Ilsys uotletpaw uc payoeat sluawaa$d uodn paat;ie ,Cllenlnw st uotlsool lay;oue ssalun `pa;BOOi st ;aafotd ayl atayM aoetd ay; m play aq Heys uotletpaw ayZ •~tllenba saa; ilutlg ,Cue pue aa; s,~ol$tpaw ay; aisys Iteys satl ied ayZ E' 6'1 .tap.co Itnoa io sauced ayl;o;uawaa~e ,Cq pouad .ta~uol a .co; pa~Ce;s ssalun `~ut(g 3o alep ay; wot3 s~Cep 09 3o pouad a io; not;etpaw ~wpuad pa~Ce;s aq (let's gatyM `s~utpaaootd alga;tuba .to legal to uonerltgre ~o aauenpe ut paaaoid lleys uoi;etpaut `Iuana yons u4 `;~q uatwaaa~ g s°~ o~iC~ed s 30 ;Iutl~3 ayl yltM ~Clluaunouoo spew aq stew ;sanbal ayZ uotletoossd not;eutgtd ueotlauc~ ayl yl p I `~ ux iaylo ay; yltM ~wIt.IM w paid aq Iteys uotletpaw .co; Isanba~t loa~a w ~lluaamo uotletoossy uolle]Itg1y usouawy ayl3o satn2t uoustpayy tilsnput uoilatWsuo~ ayl yltM aouepcooos w aq lleys `astnn~ay;o aat~e ~Clletunw sat~ted ay; ssalun `yoltlM uoi;etpaw ~Cq wayl uaaMlaq uotlsanb tzl siallew saylo pue salndstp `sanelo anlosal of loneapua lteys l~alnl~ pue .caunnp atLl. Z' 6'1 uoiletlTgce ~Cq io uotletpaw ~Cq iallew ayl}o uoilnlosai of .toud sauttpeap $utlt3 so aotlou uatl ayl yltn+ ~Ctdwoa of MBt alg8otldds yliM aouepioooe ut paaoold ~Cew loaltyo~ ay; `saotnaas s,loalty~ ayl 3o Ino ~utst.re uatl s 30 loafgns ayl sc io of salslaa .tallBw yons 3t ~Cjssd gay;ta ,Cq s;lntpaaooid alge~tnba io legal;o uotlnltlsut ayl .to uone~ltgte of luapaoaid not;tpuoo e se uotletpaw of loafgns aq Keys ;uawaat~d s(yl of palelai so 3o ino ilutst.ce uotlsanb ut .talleut laylo .to alndstp `wlelo Cud L' L'1 • NOIld1a3W 6'1 NOIlf1~OS32131f1dSla 131011214 luawaa~d stttl ut paptnoid astntitaylo lou sasuaott so suotlellwtl letoads ~tus $mpntout `slap otuo.t;oala so aolntas 3o sluawtulsut yons 3o Isuuo~ ayl ~tnuiano;I suorlipuoo ogtoads ayl X03 las luawaat~e ualluM aisledas ~iq lTmis Ioally~ ayl Pus lauMp ayl `aotn.tas ;o sluatunAsuI ayl o;m not;wodaoout .to; 8I8p otuo~ala ~Cus ;oaltyoid ayl of ~utptnocd iatcnnp ayl ao w.to3 oiuoaloala u[ aotuas 3o sluaum.nsut ~fue iauMp ayl of BtnPtnoid loaltyo~ ayl of aoud ~'9 'slusllnsuoo s,loaltywd ayl Pc1e loailyo~ attl of ~Cliltgett Inoyllnn Pus xsu atos s~tauMp ay; le aq i[mis aaln.tas;o sluawtWsut ayl3o asn pazuoylneun Cud s;uellnsuoo slaaltyaty ayl Pus i°al!yold ayl3o luawaa.t3e uallt.cM .toad ayl stnelgo iauMp ayl ssatun `sloafotd iaylo .to; .to loafwd styl of suotletalle .co suotltpps ainln; iot aoinias 3o sluawtWsut ayl asn lou lteys ~auMp atlt, s;usllttsuoo sloallya~ ay; pus;°altywY ayl3o sly~u Paniasai ayl3o uoils;Iotap w not;sot(gnd se patWsuoa aq 01 lou st loafotd ayl yltM uotloauuoo u< sasodmd .teltuns io; so sluawannbal ,C.tolBltt~ai leto~o iaaw of aoin.taS 3o sluawngsut;o uoungirlstp io uotssiwgnS •Z'9 yd~~d u- Paluefd asuaotl rCq ~o/~ ayl3o uoilnoaxa .uayl w asn io; pus of aleudotdde aatn.tag 3o sluaum.rlsut ayl3o suoillod algeotldde aonpotdac of uatlddns luawdmba .to IeualBw pus scoloraluoogns-qng `slolosAuoagnS `~oloeAuoO ayl azuoylns of palltuuad aq Itsys .cauMp ayl `ianannog loaltyo~ ayl 30 luawaatds ua~uM .coud ayl Inou waa~ d aaylous of utatay palue:dl asuaotl Cue .ta;susxi aslnuaylo io a~patd `asuaatlgns `als~alap `u~tsss ;ou I(et{s .taunn0 ay,L I 3 E 9 styl ~apun pattdun so paltce~ pawaap aq Ilsys Itt~u io asuaotl laylo ou `Z 9 gdea;Irasd ul pa;ustS sasuaatl atg io; Idaox loafo~ ayl $u(utslu(sw pus ~utsn `~ullaldwoo;o sasodcnd lo; ,Clalos aointas ~o sluatttnilsut ayl of suotltPPs .co su°iloau°o `sa~ueyo axsw of `MBl ~iq pallcwiad atayM `pus aonpotdai of slsuo-ssa~old tt~tsap palerluapaio ~C(isllwls .taylo azuoylns o; .caunnp ayl $tnlltuzcad asuaotl antsnloxauou `puooas a ~Cq paoeldai pue pa;etnuual pawaap aq lleys asuaoll ~wo~a.to; ayl `luawaat~y slyl3o ;lne~ap ut pa;lpnfpe st loaltywd ayl alep ayl uodn pus 3t iopuoo ~o uoissassod s,~aunnp ayl w suoilonpoldai pus sleutStio Ite uotlsutuual 3o s,Cep uanas wtptM loaliyoty ayl of wt-3at Itsys Pus aotntag 3o sluauctulsuI 3o suotlonPO3dai iaylatg gw~Isui woc~ tnegai Ilsys iatunp ayl `uotlsutuual yons uodn asuaoil sty; aleu-wial list's ioafotd ayl3o uotlaldwoa of loud IM ua stsuoo slusl(nsuoo s,loallywd ayl wok sasaaotl anlsntoxauou isjtwis • luawaa~~r styl3o uoustnuual ~Ctty luawaa~d styl q;. I I • o uautiCsd Idutoid Sutpnloul `saot;s~ygo Its y;i.+~+ ~Cldwoa ul>'Igo lleys loaltyatd attt, -luawaa~ scot; .tapun `anp uayM sums lis; I tisys iatcnnp ayl Isyl paPtnoid `loafold ayl $wutsiucmu pue Sutsn `~uclonalsuOO 3o sasodmd io3 ~Clatos o tnia n~axa u ~z sloallyocd ayl aonpoidai of asuaott antsnloxauou g iauMp ay; o; slued loaltyo~ ayl `luawaaa~d sty; ~ sltl~tsrCdoo ~utpnlow `s;tt~u paniasa.c iaylo pus ~.to3nl>>Is arbitration which, unless the parties mutually agree otherwise, shall be in accordance wrath the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect The demand for azbitration shall be filed in wasting with the other pazty to this Agreement and wrath the American Arbitration Association 7.2.3 A demand for azbitration shall be made wtthiii a reasonable time after the claim, dispute or other matter in question has arisen In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings basede on such claim, dispute or other matter in question would be bazred by the applicable statute of luiiitations 7.2.4 No arbitration sassing out of or relating to this Agreement shall include, by consolidation or joinder of in any other manner, an additional person or entity not a party to this Agreement, except by written consent containing a specific reference to this Agreement and signed by the Owner, Architect, and any other person or entity sought to be joined Consent to azbitration involving an additional person or entity shall not constitute consent to azbitration of any claim, dispute or other matter in question not described in the written consent or with a person or entity not named or described therein. The foregoing agreement to arbitrate and other ageements to arbitrate with an addtttonal person or entity duly consented to by parttes to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof 7.2.5 The awazd rendered by the arbitrator or azbttrators shall be final, and judgment may be entered upon it in accordance with appltcable law in any court having~urisdiction thereof. 7.3 CLAIMS FOR CONSEQUENTIAL DAMAGES The Architect and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement This mutual waiver is appltcable, without limitation, to all consequential damages due to either parry's termination in accordance with Article 8. ARTICLE 8 TERMINATION OR SUSPENSION 8.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for teimination or, at the Architect's option, cause for suspension of performance of services under this Agreement If the Architect elects to suspend services, prior to suspension of services, the Architect shall give seven days' written notice to the Owner. In the event of a suspension of sernces, the Archtect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred to the interruption and resumption of the Architect's service The Architect's fees for the remaining services and the time schedules shall be equitably adjusted 8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services The Architect's fees for the remaining services and the time schedules shall be equitably adjusted 8.3 If the Project is suspended or the Architect's services are suspended for more than 90 consecutive days, the Architect may terminate this Agreement by giving not less than seven days' written notice. 8.4 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination 8.5 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. 8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 8.7. 8.7 Termination Expenses are in addition to compensation for the services of the Agreement and include expenses directly attributable to termination for which the Architect is not otherwise compensated, plus an amount for the Architect's anticipated profit on the value of the services not performed by the Architect. AIA DOCUMENT B151-ABBREVIATED OWNER-ARCHITECT AGREEMENT -1997 EDITION - AIA -COPYRIGHT 1997 -THE AMERICAN WSTffUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N W , WASHINGTON, D C 20006-5292 WARNING Unlicensed photocopying violates U S copyright laws and will subject the violator to legal prosecution This document was electronically produced with perm~ss~on of the AIA and can be reproduced without violation until date of expiration as noted below Electronic Format B151-1997 User Doctiment 00119 DOC -- 4/16/2001. AIA License Number 114336, which expires on 9/7/2001-Page #10 ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 This Ageement shall be governed by the law of the principal place of business of the Architect, unless otherwise provided in • Article 12 9.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Ageement. 9.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of lunitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion In no event shall such statutes of lunitations commence to run any later than the date when the Architect's sernces are substantially completed 9.4 To the extent damages are covered by property insurance during construction, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. 9.5 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to an institutional lender providing financing for the Project. In such event, the tender shall assume the Owner's rights and obligations under this Ageement. The Architect shall execute all consents reasonably required to facilitate such assignment 9.6 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior • negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect 9.7 Nothing contained in this Ageement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. 9.8 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Project site 9.9 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project 9.10 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution The Architect shall not be required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this Ageement ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE AIA DOCUMENT BI51-ABBREVIATED OWNER-ARCI~IITECT AGREEMENT -1997 EDT170N - AiA - COPYRI pHT 199p7r- THE AMERICANS tTITUTEand ~CHITECTS, 1735 NEW YORK AVENUE N W , WASHINGTON, D C 20006-5292 WARNING Unlicensed hotoco rig violates U S co gh mil subject the violator to legal prosecution This document was electronically Produced with permission of the AIA and can be reproduced mthout violation until the date of expiration as noted below Electronic Format B 151-1997 User Doctment• 00119 DOC - 4/16/2001. AIA License Number t 14336, which expires on 9/7/2001-Page #I 1 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions 10.2 REIMBURSABLE EXPENSES 10.2.1 Reimbursable Expenses are in addihon to compensation for Basic and Additional Services and mclude expense incurred by the Architect and Architect's employees and consultants directly related to the Project, as identified in the followin Clauses .1 transportation rn connection with the Project, authorized out-of--town travel and subsistence, and electronic communications, .2 fees paid for securing approval of authorities havmg jtirisdiction over the Project, .3 reproductions, plots, standard form documents, postage, handlmg and delivery of Instruments of Service; .4 expense of overtime work requiring higher tfian regular rates if authorized m advance by the Owner; .5 renderings, models and mock-ups requested by the Owner, .6 expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that nonmally carried by the Architect and the Architect's consultants; .7 reimbursable expenses as designated in Article 12; .8 other sunrlar direct Project-related expenditures 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1 An initial payment as set forth in Paragraph 11 1 is the minimum payment under this Agreement 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to servic, performed within each phase of service, on the basis set forth in Subparagraph 112.2 10.3.3 If and to the extent that the time initially established in Subparagraph 115.1 of this Agreement is exceeded or extended through no fault of the Architect, compensation for any services rendered during the additional period of time shall be computed in the manner set forth in Subparagraph 11.3.2 10.3A When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, m accordance with the schedule set forth in Subparagraph 11 2 2, based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such portions of the Project. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES Payments on account of the Architect's Additional Services and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services rendered or expenses incurred. 10.5 PAYMENTS WITHHELD No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been adjudged to be liable 10.6 ARCHITECT'S ACCOUNTING RECORDS AIA DOCUNtENT B151-ABBREVIATED OWNER ARCI~IITECT AGREEN)ETiT -1997 EDITION - AtA -COPYRIGHT 1997 - THE AMERICAN INS1TrUTE OF ARCHrfECTS, 1735 NEW YORK AVENUE N W , WASHINGTON, D C 20006-5292 WARNING Unlicensed photocopynng violates U S copyright laws will subject the violator to legal prosecution This document was electronically produced with permission of the AiA and can be reproduced without violation anti date of expiration as noted below Electronic Format B151-1997 User Document. 00119.DOC - 4/16/2001. AIA License Number 114336, which expires on 9/7/2001-- Page #l2 ' .Records of Reunbtrrsable Expenses and expenses pertaining to Additional Services and services performed on the basis of hourh rates or a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authonzed representative Zt mutually convenient tunes ~RTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows 11.1 An Initial Payment of 0 00 Dollars ($ zero dollars ) shall be made upon execution of this Agreement and credited to the Owner's account at final payment 11.2 BASIC COMPENSATION 11.2.1 For Baste Services, as descnbed m Article 2, and any other services included rn Article l2 as part of Baste Services. Basic Compensation shall be computed as follows. hoses to whrch rtrctdar methods of compensation appF r (Insert basis of compensation, rncludmg stipulated sums, multiples or percentages, and rdentlfyP ~ necessary) 8% of construction cost as defined by Article 5 1 1. 11.2.2 Where compensation rs based on a stipulated sum or percentage of Construction Cost, progress payments for B2:i~ Services m each phase shall total the following percentages of the total Basic Compensation payable: (Insert additional phases as appropnate ) et t percent (8 %) Schematic Design Phase• twelve percent (12 %) Design Development Phase six percent (60 %) Construction Documents Phase five percent (5 %) Bidding or Negotiation Phase fi Eercent (15 %1 Construction Phase• Total Basic Compensation: one hundred percent (100%) 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 For Project Representation Beyond Basic Services, as described in Paragraph 3.2, compensation shall be computed as follows. ~_ - ~(a~me B nnm' time at the rate of 5110.00 ner hotln - ~- " ~ ___Princ~oal~' time at he rate of 590.00 to 5125.00 per hour. ~__Acc.~,ratec' time at he rate of 180 00 to 5100 00 r hoar. - - - ~ i~rairsnersons' -nn Technical Ac_s~,iate's tim at he rate of 535.00 to 590.00 ner hour- ~ ~nnort m at the rate of 535.00 to 560.00 uer hotL. 11.3.2 For Additional Services of the Architect, as described in Articles 3 and 12, other than (1) Additional Pro~er_ Representation, as described in Paragraph 3.2, and (2) services included m Article 12 as part of Basic Services, but excludm= services of consultants, compensation shall be computed as follows• (insert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals oral employees and rdent~ Prmcrpals and cl~cc'- employees rf required identify spec fc services to whrch particuhn• methods of compensation apply, rf neossary:) ~ Rrom~m'e fimP g+ +h rate of 5110.00 ner hour. -- -- ~ _ ~palc' time at the rate of 190 00 to 1125.00 ner hour. ~ _ a ss~.,iates' time at he rate of 180 00 to 5100.00 ner~ ur. -- -- ~ ~ .~+rr~ercnnc' and Technical Acco.,rate's trine at the rate of 5~5 QO to 590 00 ner hour. -~--gl Sunnort time at the rate of 535.00 to 560.00 ne hr our" 11.3.3 For Additional Services of Consultants, includmg additional structural, mechanical and electrical engineering service` and those provided under Subparagraph 3 4.19 or identified m Article 12 as part of Additional Services, a multiple of 1110 1 one-tenth) times the amounts billed to the Architect for such services pdent~ spec~c types of consultants m Article 12, 1J'reqursed ) 11.4 REIMBURSABLE EXPENSES For Reimbursable Expenses, as descnibed in Paragraph 10 2, and any other items included in Article 12 as Reimburssb?= AIA DOCUMENT B151-ABBREVIATED OWNER-ARCHITECT AGREEMENT -1997 EDITION - AIA -COPYRIGHT 1997 THE ~ U S coo MSTI7ITUTE • ARCHITECTS, 1735 NEW YORK AVENUE N W , WASHINGTON, D C 20006-5292 WARNWG Unlicensed photocopyr B ~~ wdl subject the violator to legal prosecution This document was electronically produced with permission of the AIA and can be reproduced without violation unel ne date of expiration as noted below Electronic Format B 151-19~ User Document• 00119 DOC -- 4/16/2001. AIA License Number 114336, which expires on 9/7/2001-Page =1? Expenses, a multtple of 1/5 (one-fifth) trines the expenses incurred by the Architect, the Archttect's employees and consultants " dtrectly related to the Project 11.5 ADDITIONAL PROVISIONS 11.5.1 If the Basic Services covered by this Agreement have not been completed within 12 (twelve)months of the date hereof, thmugh no fault of the Archttect, extension of the Architect's services beyond that time shall be compensated as provide in Subparagraphs 10.3.3 and I 1 32 11.5.2 Payments are due and payable 30 (th~r ++) days from the date of the Architect's invoice. Amounts unpaid 30 (thirt ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect (insert rate of interest agreed upon ) (Usury laws and requirements under the Federal Truth rn Lending Acb srmtlar state and local consumer credit laws and other regulations at the Owner's acrd Architect's principal places of business, the location of the Project and elsewhere may gQ'ect the validity oJthrs provision Specific legal advice should be obtained with respect to deletions or modrfrcanons. and also regarrlmg requirements such as written disclosures or warners ) 11.5.3 The rates and multiples set forth for Additional Services shall be adjusted in accordance with the normal salary review practices of the Architect ARTICLE 12 OTHER CONDITIONS OR SERVICES (Insert descriptions of other services, identify Additional Services included within Basic Compensation and mod~cahons to the payment and compensation terms mchrded rn this Agreement ) Additional Services to be included within basic compensation: Landscape Architectural Services _ Basic Service Compensation 112.1 presumes the nreluninarv design by SALA Architectspresented with our letter dated A_g„ 8 2000 will be substantially used for thisprojec~t. Should urogram review necessitate sib tfin cantiv new schematic design. the service for the new schematic design shall be provided as additional service be done accordm¢ to ARTICLE 113 Sernces to be included are as follows 11 4 Reimbursable Expenses 3 3.8 (Limited to 8 (eitilit) public meetaniis) __- 3416 3 419 (Civil En ing sexing Only) 3.4.8 This Agreement entered into as of the day and year first written above. OWNER (Srgnahrre) (Printed name and title) ARCHITECT (Srgnatra+e) (Printed name and title) ALA DOCUIv)ENT B151-ABBREVIATED OWNER-ARCHITECT AGREEMENT -1997 EDrfION - AIA -COPYRIGHT 1997 - THE AMERICAN 1NSTf1'UTE OF ARCHITECTS, 1735 NEW YORK AVENUE N W , WASHIIVGTON, D C 20006-5292 WARNWG Unlicensed photocopying violates U S copynght laws will subject the violator to legal prosecution This document was electiomcally produced with permission of the AlA and can be reproduced without violation anti date of expiration as noted below Electronic Format B151-1997 User Document OOl 19.DOC - 4/16/2001. AIA License Number 114336, which expires on 9/7x1001 -Page #14 • MEMO To: Mayor and City Council , J ~ From: Steve Russell, Community Development Director ~(~/ Subject: Farmers Mazket Request for 2001 for Rivernew Pazking Lot Date: Apnl 12, 2001 Last yeaz, the Farmers Mazket moved from Downtown to the Riverview Parking Lot The Mazket was open Saturday's June through October from 7:30 a m. to 11:30 a m The City has received a request to continue the Saturday use for the 2001 season. The operation worked well last yeaz with no problems. Recommendation: Approval Attachment: Letter dated Apn14, 2001 n U • w ~--.. 11108 Manning Trl. N. Stillwater, MN. 55082 City of Stillwater 216 N 4 St. Stillwater MN, 55082 Deaz City of Stillwater, APR 0 ~ 2001 -- ---• The members of the Stillwater Farmers Mazket would like permission to continue using the pazking lot located at 3~ and Pine for our mazket. We enjoy the location and feel that we are successful there. We do not have plans to increase in size at this time, though if the community expresses the need for more vendors we may consider doing so in the future. We do not anticipate any changes this yeaz. Our hours of operation will continue to be Saturdays from 7:30-11:30 am Thank you. Respectfully, Wendy and Jim Kloek a~ ~~ ~' n U C] Memo To• Honorable Mayor and Council Members From• Kim Kallestad, Fire Chief Date Apnl 13, 2001 Subject FEMA Grants FEMA has grants available for the fire service, 90% federal / 10% matching funds for a city our size According to FEMA, new initiatives or new fire protection delivery programs will typically receive a higher priority than replacement of old fire engines or similar expenditures Other targeted pnonties are fire safety for semor citizens, children, and firefighters. Pnvately owned properties are eligible for grants also, but the grant request must come from the fire department Applications are limited to a total of two items Based on FEMA's priorities and the vanous needs for fire protection in our community, I recommend we apply for the following grants 1 Afire /rescue boat for the St Croix River $80,000 • 2 A complete fire sprinkler system for the seven-story Rivertown Commons senior residence. $315,000 The application requires the city to agree to fund 10% of the fire boat and Rivertown Commons to agree to fund 10% of their fire spnnkler system. Grants will be awarded by September 30, 2001 The City of Stillwater and Rivertown Commons will have up to twelve months after the award to fund their 10% portions. Recommendation: Approve grant application as proposed and 10% match for a fire boat (approximately $8,000 in 2002 capital funds if awarded grant) • MEMORANDUM TO Mayor and Council FR City Administrator RE FEMA grant -Fire/rescue boat DA Apnl 13, 2001 Discussion: Chief Kallestad has provided you with a memo regarding a FEMA grant program. Clnef Kallestad is asking for grant application approval to obtain a fire rescue boat and a fire sprinkler system for the Rivertown Commons senior citizen hi-nse building I do not have any concerns about the sprinkler system application However, I am somewhat concerned about obtaining a fire/rescue boat • Although we already have a similar vessel, I am concerned about the future cost of performing rescue and fire suppression activities on the St Croix I do not disagree that there is a real potential need for the service However, I do question whether or not the Crty of Stillwater should take on this activity alone and without the support of the surrounding communities and other agencies such as the Washington County Sheriff s Department, the US Coast Guard, the National Park Service, etc Further, I question whether or not the Crty will be able to finance the cost of this service without creating budgetary restraints for other public service areas. Therefore, I would recommend that the Council consider the degree of services the Crty is to provide in the future and the potential costs of these services _ /, ~~ C7 u Apnl 5, 2001 Mayor Jay Kimble Council Members City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Dear Sirs Enclosed please find a package of informa~on about Bruggeman Homes and some of developments, including the Gardens at Oak Glen in Stillwater. As some of your know, Bruggeman Homes owns 18 acres in the Township between Boutwell and Co Rd 12 The enclosed map identrfies our property (blue) and other information relevant to our request for annexation. As you see on the map, the general area around our property becomes an island surrounded by the City, and other areas in the Township that in all likelihood will not be redeveloped. The three landowners involved in the sale of their property to Bruggeman Homes all felt that they were not as well informed about annexation process, as they should have been. Consequently, their land ended up in the fourth phase of annexation rather than the second phase -- which would have been their preference At a Council meei~ng in March of last year, our request to apply for annexaiaon was put off for one year. It was a consensus of the Council that in one year the staff could srft through issues and free up staff Mme to pay attention to our request. With that information we went ahead and closed on two of the three properties knowing that in one year the process vuould begin The time is at hand for this area to be annexed to the City of S~Ilwater. The U.S. Homes development will exacerbate an already dangerous intersection at Boutwell and Co Rd 12. In conversation with the Washington County Highway Department, it was agreed that a preferred intersection for Boutwell Avenue would be through our property lined up with Maryknoll Avenue, where sight Imes and spacing are much better. Please agree to move this project forwani per our discussions last year Sincerely, Paul Bruggeman Vice President Enc 3564 Rollingview Drive White Bear Lake Minnesota 55110 651-770-2981 Fax 651-770-9273 www bruggemanhomes coin MBL# 4062 ~ Memorandum _ . To: Mayor and City Council From: Diane Ward, City Clerk Date: 04/16/01 Subject: Attachments to Bruggeman Homes Request In your packet, you received a request from Bruggeman Homes requesting annexation of property into the City Attached you will find information in relation to annexation of additional property into the City, expansion area building perrruts, letter from Bruggeman Homes dated November 29, 2000 and minutes from December 5, 2000 showing City Engineer Eckles response to that letter • MEMO To: Mayor and City Council From: Steve Russell, Community Development Director Subject: Expansion Area Building Permit Activity for 2000 Date: February 2, 2001 The table below lists the permit allocation (based on the Orderly Annexation Agreement) and housing unit building permit activity for the 1996 to 2000 period As you can see for 1996-1997 period site development and subdivision was stanng up but actual building permit activity did not begin until 1998. The Orderly Annexation Agreement allows building permits to accumulate and for building permit activity to be more or less than the allocation on a yearly basis but not exceed the 120 permits per year overall. • The following developments have been approved to date: Legends Liberty Long Lake Villas Stillwater Crossing Settlers Glen Creekside Crossing 1521ots 353 lots 131ots 86 units 142 Lots 2201ots 160 units 20 lots Total 1,1461ots /amts So far approved projects as listed above containing 1,146 housing units. Of that number, building permits for 720 housing units could be issued by the end of 2001. As of December 2000, 316 building permits have been issued. If the pace of development remains the same, and it will probably increase with US Homes Settlers Glen coming in line, we will catch up to our allocation in two to three years. This may be a reason not to take on additional development in the expansion azea at this time There is a good supply, over 7001ots, of single family and townhouse lots currently available for development. If building permits requests out pace available permits, an allocation system may have to be established. Recommendation•Nnne -FYI • MEMO To: Joint Boazd From: Steve Russell, Community Development Director ~/ Subject: Expansion Area Building Permit Update for 2000 Date: January 9, 2001 For calendar yeaz 2000 building permits for 201 housing units were issued The table below shows total expansion azea building permit activity for the 1996-2000 period The orderly annexation agreement allows building permits for 120 housing units per year. ear Permits Issues Permits Allowed 1996 0 housing units 120 housing units 1997 0 housing amts 120 housing units 1998 13 housing units 120 housing units 1999 104 housing amts 120 housing units 2000 201 housing units 12 housing units Total 318 housing units 600 housing units • With the approval of the Settlers Glen Project (380 housing units) permit activity may increase in 2001-2002. Recommendation: Receipt of annual building permit report. Attachments Orderly Annexation Section 4.01 and List of 2000 permits • • • • • PERMIT ALLOTMENTS 400 - 300 200 100 0~ 1 ~`~ 200 300 - 400 500 `t„ 1~~9' ~~ 'r ~,!`4 Fp11+` ~H Yye< ~ }y~"'~I',d~iir )Yta ! • ~r+;'''~IY Yt`,-4 )f ~' ~ x ar r' tit'' i' Y '+, F 1' ,!. ~ 7r 'Y `'~i•' A fl ~ it ! a ~ ~l } ~Iw y/'! i+,r 'Yff } , „li' 1 p' f ."i'r':4 ~/:k. `I ' 1 , J ' I 1 j r I' t .µ , ! ! ' r ~ ,. r t r fin ap ' '4 titr,4 . ,. , ., '~ 'Wr t'Y!' r 'y'^ t r ' l ,, , 1 / r ^ '' , , t1i ~'>~ Y ~' , 5 ` 1 f , ~ 4 , , , a r! +t', 4 1 M {{ h `' 4 +1 ~ild Y ^i+ ~ r• '{/f ~+qw'a~ I ~ry ~xtr~ '' YES 1 µ r!y , x, , , + ~ ~ ~ ' ( i r ' 1 ' `V r ^i Nf+~i ~~ r / e +~ ~' f'• ' A '~ ' l , ~~ J f 4J i 7 + ' ` ' ~ ! -~l r ji •~ a~ ~,r, / /^ il 1~ 49S wlr 4 'i"It a I + ' + „ ~{~`~r'~a 1" ~'~rt ~''.' S.~~' ilk+').s ;r `~Y t„ "n+~, +..._;~r '~ ` ~r r, ,~ :'. , a ;+J ^~~~ >~ ~t'`~ "x' +6 !, q4"' 9~'r'' y; r«t, ~~,5 ,.~,y't,+i:, ~, ',S ~+"-'"` ^ 51 'te rmn~, C>r ;~`` ' ,1y° r^n ~ x i . t, F , ;+ e r, Ap. y~+~ ~ x~ i ^ . . ~ x -~,r' 1~1~t~Y~`qi7~~ ~d J~., ~~: 4 irr ,a~n '^+A~y,ry ~~,f r'IS''!• 1,£~ !' ~+.," `'~~~ 'r`' r± '~ 1 N'~ r i 1 °`+ ~ A ~$`` 5.,ly , ,G > ~'~t'ry= ,n ') r "f r~'ryo ,5 + ! ( ' + , , G + ' ~`~'Ygs~J% 5 y~,~l, •'~a4Y "JAVx+ 1 r l4' ` " 'x' r ~ ~ + 3+ ~ ~$ • r ~} ^ 1 ~ "S ~f~M~ ^, '~Trr r4 ,r r~, ' r+ ~ ! . •~~n•r ,'t ~~7(;S~'.*ir~y t t, - , ^ ,Tr_ r y l ) ! ~ r „r'~', if y J, r YF`~•1' I~rS' ~ r ' t'. " ' , q , '~s 1, rr/ir.dlN4"~+i, ^, MY.l~ + +" ~t , ~ r rr , ~ j ' + + ' f - --~- LOTS PLATTED Al~J~TMENT -~-PERMITS -~ ACCUM. S YEAR City Council Meeting No 01-03 February 6, 2001 Councilmember Zoller stated the he felt that some "low impact" activities could be held on the north end of the park, such as child activities Councilmember Milbrandt stated that he would like the activities to stay on the south side of the park, at least for this year, to allow the north side to mature He wanted to know why the exclusive use of Pioneer Park was needed Mr Eckberg stated so that no one else could sell refreshments that would conflict with the Coke sponsor of the fireworks Motion by Councilmember Bealka, seconded by Councilmember Rheinberger approving the expenditure of $15,000 for fireworks and $6,000 for the parade All in favor. Mayor Kimble stated that he felt that the LumberJack Days activities should eventually be moved to the north end of the park City Administrator Kriesel stated that he recommends that Sanders/Wackers begin the specifications for Lowell pazk for the sprinkling and electrical. He also stated that if the City does not receive the grant, this work will have to completed in phases Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt, approving the use of Lowell Park for Lumbet~ack Days and that some "low impact" activities could be held on the north in 2001 and directing staff to work with St Croix Events and the Chamber in the design for this use. All in • favor. STAFF REPORTS Police Chief Dauffenbach presented Council with the department's 2000 annual report. Fire Chief Kallestad reviewed his request to reorganize the fire department. Motion by Councilmember Milbrandt, seconded by Councilmember Bealka approving the Fire Department reorganization including changing the Assistant Fire Chief's work week to 40 hours and approving the addition of a full time Captain position. All in favor City Clerk Ward stated that designation of either Richard Huelsmann or Bean Simonet was needed to determine who would fill the unexpired term of Pat Lockyeaz on the Library Boazd. Motion by Councilmember Rheinberger, seconded by Councilmember Bealka designating Brian Simonet to fill the unexpired terin of Pat Lockyeaz, which will expire on January 1, 2002. All in favor. City Engineer Eckles explained the building permit report for the annexation azea He stated that in 2004 it looks that the allotment of building permits that can be issued according to the Orderly Annexation Agreement will be met He also stated that this information is presented to Council so that they are aware of the current status of permits in the azea and to substantiate the staff's request not to allow early annexation into the city. Councilmember Milbrandt asked if the "private street" issue is a closed issue 2 . - ~RVGG~~AN -~ Building Quality Since 1959 November 29, 2000 The Honorable Mayor Jay IGmble Counal Members Steve Russell, CDD 216 North Fourth Street Stillwater, MN 55082-4898 Dear Sirs: Earlier this year Bruggeman Homes approached the City with the request for annexation of our property located between Boutwell Avenue and County Road 12. At the time, there was a staff concern about availability of time to review our request. The U.S. Homes application was a primary contributor to the lads of staff review time. As you may recall, when our request came before the City Counal earlier this year the Counal said that they would look at our request after things loosened up at the staff level -around the first of the year (2001). We are therefore requesting that the City Counal address our request for annexation and plan development of our 18-acre parcel of property. Thank you for your consideration, we look forward to meeting with you soon. Sinter G~'~~ Paul Brugge , ice President evin vonRiedel, Director of Land Development • 3564 Rollingview Drive White Bear Lake Minnesota SS110 651-770-2981 Faz 651-770-9273 www.bruggemanhomes tom MBL# 4062 CITY COUNCIL MEETING NO.00-26 Council Chambers, 216 North Fourth Street December 5, 2000 • REGULAR MEETING 4:30 P.M. The meeting was called to order by Acting Mayor Thole at 4.45 p m Present. Councilmembers Bealka, Thole, Zoller (amved at 4.50) and Mayor Kimble (arnved at 4 52) Absent• Councilmember Cummings Also Present City Administrator Knesel City Attorney Magnuson City Engineer Eckles Police Chief Dauffenbach Fire Depantrrient Chief Kallestad Director of Administration Kadin Communrty Development Director Russell Acting Building Official Shilts City Clerk Ward STAFF REPORTS Director of Administration Kadin explained Item No. 3 on the Consent Agenda, explaining that thus change only affects new employees hared after January 1, 2001 Existing plan options will still exist for current employees. Acting Building Official Shifts provided Council with an update on building department operations and penrnits issued to date. Fire Chief Kallestad explained Item #7, authorizing fire department to obtain a rescue boat through the Federal Excess Property Use program and Item #8 the possible vehicle purchase for Fire Department that is placed on the Consent Agenda. City Engineer Eckles stated that the City has received a letter from Paul Bruggeman asking the City again to start to move forward on his request to annex in property into the City Mr Eckles stated that it was decided that this request was to be reviewed in a year The request was dependent on the staff workload, but at this time with the current development and the staff time involved it would not be possible at this time to annex this property. Community Development Director Russell stated that there is a good supply of lots available for development in the annexation area without expanding it at this time. City Administrator Knesel stated that there were persons in the audience that wish to address the use of snowmobiles within the City. Paul, Dahlen, 501 W. Laurel, stated that he had brought this issue to Council a couple of years ago, provided petitions to Council, but this issue is still a problem. He stated that he asked the Council what could be done to solve this problem. He asked that Council consider take leadership on this issue, considering some alternative to the ~, ~ ~ ~ Nile Kriesel From: michael surface~co washmgton mn us Sent• Tuesday, Apnl 17, 2001 1 21 PM michaei surface(a~co washmgton mn us ubject: River Summary MSP@ 4/17/01 1 20 58 PM SRUS43 KMPX 171813 RVAMSP MNZ054-056-059>065-067>070-073>076-078-083-WIZ023>024-026- 028-032-181701- DA1LY RVR SUMMARY NWS TWIN CITIES/CHANHASSEN MN 110P TUE APR 17 2001 A FLOOD WARNING REMAINS IN EFFECT UNTL RVRS FALL BELOW THREATENING LEVELS FOR THE MN MS AND ST CROIX RVRS AND THEIR TRIBUTAR{ES IN C AND S C MN REPORTS RECEIVED THIS MORNING FROM THE CORPS OF ENGINEERS INDICATE SOME UNCONTROLLED DISCHARGE FROM THE MARSH LK DAM DUE TO EROSION OF THE EARTHEN PORTIONS OF THE DAM CORPS OF ENGINEERS OFFICIALS AND CONTRACTORS ARE CURRENTLY ON THE SITE AND ATTEMPTING TO REPAIR THE DMG MARSH LK DAM IS OWNED AND OPERATED BY THE CORPS OF ENGINEERS AND IS LOCATED ON THE MN RVR APPROXIMATELY 25 MI UPRVR FROM THE CITY OF MONTEVIDEO THE CORPS HAS PROVIDED THE NWS WITH FLOW ESTIMATES SHOULD THE DAM EXPERIENCE A COMPLETE BREACH THIS WOULD BE A WORST CASE SCENARIO BASED ON THOSE FLOWS WE WOULD EXPECT A RISE ON THE MN RVR AT MONTEVIDEO OF 1 1 FEET PROXIMATELY 24 HOURS AFTER THE BREACH AT GRANITE FALLS, WE OULD EXPECT A RISE OF 1 5 FEET APPROXIMATELY 40 HOURS AFTER HE BREACH AGAIN, THIS IS A WORST CASE SCENARIO SHOULD A COMPLETE BREACH OF THE MARSH LK DAM OCCUR MOST COMMUNITIES ARE PREPARED FOR EXP CRESTS ALONG THE MN MS AND ST CROIX RVRS HOWEVER, RVR LEVELS WILL REMAIN VERY HIGH FOR AN EXTND PERIOD OF TIME THE MN RVR AT JORDAN IS EXP TO REMAIN ABOVE FLOOD STAGE FOR THE NEXT 2 WEEKS THE MS RVR AT ST PAUL IS EXP TO REMAIN ABOVE FLOOD STAGE FOR THE NEXT 3 TO 4 WEEKS RVR LEVELS THIS HIGH WILL PLACE ADDED STRESS ON DIKES, ESPECIALLY THOSE ALONG LWR STRETCH OF THE MN RVR FROM HENDERSON TO THE TWIN CITIES THE MS RVR FROM ST PAUL TO RED WING AND THE ST CROIX RVR FROM STILLWATER TO PRESCOTT PERSONS ALONG THE MN MS AND ST CROIX RVRS SHOULD CNTINU MONITORING DIKE CONDITIONS AND BE PREPARED TO TAKE APPROPRIATE ACTION SHOULD A PROBLEM ARISE ALL STAGES ARE RECORDED IN FEET STATION FLOOD TODAYS 24HR FORECAST LOCATION STAGE STAGE CHNG WED THU FRI SAT SUN MS RVR ANOKA MN 838 838 4 -0 4 838 2 837 9 837 6 837 2 836 8 CNTINU TO FALL MINNEAPOLIS 16 162 -03 159 155 150 145 137 ATUM 794 30 CNTINU TO FALL ST PAUL MN 14 23 3 0 3 23 3 23 4 23 5 23 3 22 8 DATUM 684 16 CREST NR 23 5 FEET ON 4/19 TO 4/20 ~ I HASTINGS TW 15 21 5 0 1 21 8 21 9 21 9 21 6 21 0 DATUM 670 65 CREST NR 21 9 FEET ON 4/19 RED WING TW 685 1 0 1 685 1 685 1 6851 684 9 684 7 • RED WING MN 14 176 02 179 178 177 175 174 DATUM 665 13 CREST NR 18 FEET ON 4/18 MN RVR MONTEVIDEO MN 14 21 6 -0 1 21 5 201 19 9 19 7 19 0 DATUM 909 12 THIS FORECAST CONTAINSIMATED CURRENT FLOW FROM MARSH LK DAM GRANITE FALLS 888 894 4 -0 7 893 8 893 7 892 7 892 1 891 5 THIS FORECAST CONTAINSIMATED CURRENT FLOW FROM MARSH LK DAM NEW ULM MN 796 808 2 -0 1 807 4 806 8 805 8 804 8 804 1 CRESTED CNTINU TO FALL MANKATO MN 17 26 8 0 0 26 4 25 7 25 1 23 8 22 3 DATUM 747 92 CRESTED BEGIN TO FALL HENDERSON MN 729 739 0 0 3 739 2 738 9 738 6 738 2 737 6 CREST NR 739 2 TODAY 4/17 JORDAN MN 20 32 4 0 4 33 0 33 3 33 1 32 7 32 1 DATUM 690 00 CREST NR 33 0 TO 33 5 FEET ON 4/19 SHAKOPEE MN 703 717 5 0 5 718 3 718 9 719 3 718 9 718 4 CREST NR 719 5 FEET ON 4/20 SAVAGE MN 698 7144 04 7148 7151 7154 7153 7149 CREST NR ET ON 4/20 TO 4/21 ST CROIX RVR • STILLWATER MN 87 91 0 -01 91 1 91 3 91 1 90 7 90 3 DATUM 600 00 MINOR FLUCTUATIONS NEXT SEVERAL DAYS REMAININ BELOW 91 5 FEET CHIPPEWA RVR EAU CLAIRE WI 773 766 5 -1 5 CNTINU TO FALL DURAND WI 11 10 3 -2 1 CNTINU TO FALL DATUM 694 59 S FORK CROW RVR DELANOMN 8 142 -05 134 124 112 99 84 DATUM 904 85 CNTINU TO FALL CROW RVR ROCKFORD MN 10 13 4 -01 12 9 12 2 11 5 10 5 9 5 DATUM 893 08 CRESTED CNTINU TO FALL REDWOOD RVR REDWOOD FALLS 6 6 2 -0 7 5 7 5 2 4 9 4 7 4 5 DATUM 972 33 CNTINU TO FALL COTTONWOOD RVR ' NEW ULM MN 11 112 -07 106 101 96 92 88 DATUM 796 83 CNTINU TO FALL DATUM + GAGE READING =MEAN SEA LEVEL ELEVATION OF WATER SURFACE THE PRECEDING FORECASTS ARE BASED ON THE CURRENT RVR LEVELS RECEIVED AS OF 7A TODAY AND FORECAST PRECIPITATION THROUGH 7 AM TOMORROW YOU CAN GET BOTH RVR AND WX INFORMATION ON THE INTERNET OUR INTERNET ADDRESS IS HTTP //WVWV CRH NOAA GOV/MPX/ 2 ~ USACE Real-Tune DCP Data Page 1 of 1 1~APR81 18:~1:~e • St CROI?L RIDER DCP Site: STLMS 691.5 69 1.B -•---------------------------------------- •• •---------------- E ---•--•-------•------------------ -----...------------------- I 696.5 ---•----------------._.....----- --------------------------... e ------------------------------- ----------------•------------- t ------------------------:---------....----......-------- i 698.8 --•---•-------•-------- --•------....------------------ n ---•--------....~_-----•------------------------------------ n 689.5 ---------------- - -----------------•-----...-----.....------... F --•---------- --------------------------.------------------.. e _....------ -----------------------------------------•----... t 689.8 --•------ --------------•---._....------..._.__...._..-----.. 688.5 --•-•~ -------------------.--•-------------------.......----••- 688.8 --------------------------------•---•-----...-----------------.. • 8e88 1z8e 8886 128e B88e 1288 8888 iZBe Be88 1285 88A8 1288 I 113t~grz881Ii~AprZfIB11151~pr2881116Apr~eeil i One Hour Data -- SiILLYAlBR Links to: Water Control Home Page and Real Tirne Data Main Page • http://www mvp-wc.usace army.miUcgi-bmldcp 4!17!01 STILLWATER TOWNSHIP Box 117 Stdiwater, MN 55082 April 14, 2001 MEMO TO: Township Personnel FROM: Pat Bantu Stillwater Township Clerk FYI Starting May 1 all township meetings will beheld at the City of Stillwater Municipal Building, 216 North 4`~ Street. Planning Commission and Town Board will meet in the main council chambers. Park Committee will meet in the conference room on the third floor. • Panted on Recycled Paper • STILLWATER TOWN BOARD MEETING April 12, 2001 Town Hall 7:00 P.M. PRESENT: Chairperson David Johnson, Supervisors Duane Laabs, Jim Doriott and Ken LaBoda. Also, Planner Meg McMonigal, Attorney Tom Scott, Engineer Pahl Pearson and Mike Raleigh. 1. AGENDA - M/S/P LaBoda/Doriott moved to adopt the agenda as amended. (4 ayes) 2. MINUTES - M/S/P LaBoda/Laabs moved to approve the 3/26/01 Stillwater Town Board Meeting minutes with the following revision of previous changes by the planner: item 7 change (5) to (3s), item 10 change spelling Steath to Stealth, item 18 change 5 to 3, item 22 change spelling coma to comma, item 23 add township wiii notify other governmental units., item 24 delete second paragraph at 9(P)3, item 25 change 1 (J) to 3 (J). (4 ayes) 3. MILEAGE INCREASE - M/S/P LaBoda/Laabs moved to adopt the federal mileage reimbursement of .345 per mile effective April 1, 2001. (4 ayes) 4. CLAIMS/CHECKS -Checks #15180 thrii #15192 were reviewed and approved for payment. VOTER EQUAL TREATMENT RESOLUTION - M/S/P LaBoda/Laabs moved to adopt the attached secretary of state's resol~ition entitling voters equal treatment in the casting of ballots. (4 ayes) 6. WATER SKI COURSE PERMIT - M/S/P LaBoda/Doriott moved to sign off on Washington County's Water Ski Course Permit as requested by resident Mary Parcheta for rise on Loon Lake. (4 ayes) 7. PARK AND TRAIL MAINTENANCE - Ron Vincent had expressed interest in having his fees raised for park maintenance work. He did not appear at the meeting. Mike Raleigh was asked to take over trail upgrading and maintenance. He will be at the next meeting with a plan. 8. TOWER ORDINANCE - M/S/P Laabs/LaBoda moved to adopt the tower ordinance dated 4/12/01 with the following revisions: 1. page 4, item (D) second line "from the drip edge of the tree." 2. page 4, item (E) last line to stop at "or trees." 3. page 4, after item (E) balance of lettering be re-sequenced. 4. page 5, item (0) eliminate "or identifications." 5. page 7, item (Z) change wording after CUP "the township may require the applicant to arrange for a balloon....~~ (4 ayes) ~tiane Laabs added 2 more pieces of information into the record. 1. Tele Structures, Inc. - completed projects. 2. Broch~ire of Sollenberger Silos. ,~ Stillwater Town Board Meeting - 4/12/01 ~~ Page Two 9. PLANNING MEETING - David Johnson will try to be at the county board • meeting on April 17 at 1:00 p.m. when county/township zoning and planning is discussed. 10. MEETING REIMBURSEMENT - At the next town board meeting a policy change regarding meeting rates will be considered. "Meetings going over 4 hours will be considered two meetings for reimbursement purposes." 11. STORAGE TRAILER - M/S/P LaBoda/Doriott moved to rent a storage trailer from Crossroads Properties for $50.00 a month and $50.00 per hour for the driver. (3 ayes, Johnson abstain) 12. TOWN HALL - Mr. Dittmann will be asked to come to the next meeting at 7:00 p.m. to go over any bids he has received. Steve Nelson will be asked to contact Sentence to Serve about help clearing ot~t the town hall. 13. PARK REPORT - Park members want to know if they can start spending money for park upgrades and for blue bird horses. Supervisors want the park members to reconsider the brie bird ho~ises and come back to them for consideration. 14. OTCHIPWE TRAILS SUBDIVISION - Jim Doriott has spoken to the land trust people who decline to take on the open space in Otchipwe Trails S~ibdivisio Jim will talk to them again. Other monitoring agencies will be considered if necessary. 15. THANK YOU - The supervisors sincerely thank the planning commissioners for their diligent efforts regarding the tower ordinance revision. Also Eileen Sexton, Duane Laabs and Jim Hiniker are appreciated for their extra efforts and dedication. It is job well done by ail involved. 16. ADJOURNMENT - Meeting adjo~irned at 9:45 p.m. Clerk Chaf rperson Approved 04/14/2001 11:31 6514394705 PAGE 03 • Whereas, every voter in Minnesota is entitled to equal treatment in the casting of their ballot, and Whereas, this equal treatment is a constitutional requirement, and Whereas, there is currently a variety of voting machines in Minnesota, resulting in unequal treatment, and Whereas, Minnesota has led the nation in adopting legislation to eliminate the use of outdated equipment, such as lever machines and punch cards, and Whereas, counties and local governments have limited resources to solve this problem, Now, therefore, be it resolved, that the _~Township Board supports: 1. The voluntary participation by local government in the Voting System Upgrade Program. 2. The efforts of the Secretary of State to seek state funding to help local governments to upgrade equipment. 3. The efforts of the Secretary of State to ensure that Minnesota receive federal funding for the acquisition of upgraded voting systems if money is made available by Congress. 4. The Secretary of State's Voting System Upgrade Account for distributing federal and/or state money for the acquisition of upgraded voting systems. WASHINGTON COUNTY ~ "~°~ COUNTY BOARD AGENDA °`'"'" 2 DlsUlet 3 APRIL 17, 20019:00 A.M. ~o~ tNstrtct 6 1. 9:00 Roll Call 2. 9:00 Comments from the Public Y~.ntors may share thetrooncernsxnth the CountyBoand of Commtssronerson any ttem on or not on the agenda. Tlie G7ratrwiAdrrect the Cowtt}+ Admmtstratorto prepareresponses to your rnruerns You are encowagednot to be repetttwusofpreviousspeakera and to lirmtyouraddress to five nunutes. T1te Charrt+eserves the nght to Imrit an iredrvldua/ kpresentahonrf tt becomes redundanR repehity~ urelevmr~ or overly arg~anentative Tree Carm~may also lrmit the nranber of mdevuhwlpresentanonson any issue to accommodatethe scheduled agarda items 3. 9:10 Consent Calendar 4. 9:10 Transportation and Physical Development -Don Wisniewski, Director A. Com-ey Everton Avenue North Right of Way to the City of Forest Lake B. Transfer of Special Reserve Fund of the Gravel Tax to the Road and Bridge Account 5 9:35 General Administration -Jim Schug, County Administrator A. Introduction of New Deputy Administrator Molly O'Rourke B. Appointment of New County Auditor-Treasurer C. Comments on Forest Lake TIF Budget Modifications for Districts No. 2-1 and 1-2 D. Legislative Update 6. 10:05 Commissioner Reports -Comments -Questions Thtspenod of tmushall be used by the Commissionerstoreport to thefull Board on comet:flee activrtre; make comments on matters of mterestandrnformatton, or rinse questionsto thesta,~: Th6 action tt not intendedto result m substanhveboardaction during this time. dny action necessarybecarrse ofduausronxRll be schedrdedfor a future board meetueg. 7 Board Correspondence 8. 10:25 Ezecntive (Closed) Session with the County's Labor Relations Consultant and Human Resources Negotiation Strategy for 2002, 2003 and 2004 Bargaining Agreements with all Bargaining Units 9. 11:25 Adjourn 10. 11:35 Assessment, Tazpayer Services and Elections to I,, 12:05 Applications for Conveyance of Tax Forfeited Lands for an Authorized Public Use 11. 12:05 Lunch 12. 1:05 Board Workshop with Transportation and Physical Development to 2:05 Discuss Relationship between the County and Townships on Planning and Zoning Matters 13. 2:15 Board Workshop with Administration to 2:55 Budget Direction for the 2002 Budget Process _ ***MEETING NOTICES LISTED ON BACK*** ~` Ass/stive Bstenhiy devices are 8vai7sbte for use in the t%o~Y Bosid Room WASHINGTON COUNTY BOARD OF COn~IlVIISSIONERS CONSENT CALENDAR a APRIL 17, 2001 - ~e following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM r Administration A. Approval to set public hearing date for May 1, 2001 far the Housing and Urban Development Consolidated Plan and corrmumty Development Block Grua HOME funded-projects. B. Approval to appoint Elizabeth Semotinl~ Oakdale, to the Mental Health Advisory ComtYUttee to fill an unexpired term to December 31, 2002. Community Services C. Approval to proceed with a response to a Request far Information from the Department of Human Services far the Local Administration of the Coastnner- Directed Home Care Demonstraticn Grant. Court Services D. Approval to renew the purchase of service agreement with Dakota County far services through the University of Minnesota, Center for Restorative Justice and Mediation. - Human Resources E. Approval to .extend a special project Social Worker I position in the Community Services Department through June 30, 2001. ~bltc Health and Environment F. Approval of resolution to enter into the E~ Management Performance Grua with the Minnesota Department of Public Safety, Division of Emergency Management, and authorization for the County Board Chair and County Administrator to execute the agreement. Shenff G. Approval of contract to receive federal fiords frrnm the Department of Natural Resources, to assist in the enforcement of Boating While Intoxicated and other boating safety laws. Transportation and Physical H. Approval of resolution, final payment to Tower Asphalt, Inc. in the amount of Development $62,515.55 for the 2000 bituminous overlay road preservation work, 'Coaamt Caleadar~ arege~alyde5ned as items ofrootiaebv~ss,~tregmrmg dacossion, and appro~vedioonevotG Cam~ionas maY elect TD pnD a Coaaent Cakadar ~m(s) i'or discussion and~br separate acl~ast. ****~**wts,r****w**~*#*#***~e*s**,r#i***t:*:#~****~*t~##~#*****~*~***~ts* MEETING NOTICES Date Committee Time Location Apn117 Public Health Advisory Committee 5:30 p.m. April 17 Historic Courthouse Advisory Council 7.00 p.m. tiril 18 Real Estate Acq~risition Commrittee 9:30 a m Ord 18 Metropolitan Transportation Advisory Board 2 00 pm. Apn119 Workforce Im-estment Board 7 30 a.m. Apn119 Parks and Open Space Commission 7.00 pm Washington Comity Government Center 101 West Pine Street -Stillwater Washingtaa County Govemmdent Ceder 230 East Si Street, Mears Park Centro- St. Pant Washington County Goverttmeat Ceder Washington CoYmRy Government Center • MN Telephone 651.436.7131 Apnl 16, 2001 Honorable Mayor and City Council City of Stillwater City Hall Stillwater, Minnesota SSOS2 FAX: 715.386.9571 Email: mwbac~mwbac.org a'u~~i V Lam, ' APR 1 7 1001 Re Resolution urging assistance of Congressional Delegations on Stillwater Badge Dear Mayor and Council Members ~~~ ,n, ..; ~~ ~'~~ ~" ,~ ~ '•;.r ~~ . WI Telephone 715.386.9444 I am pleased to share with you a copy of the Resolution adopted by the Minnesota-Wisconsin Boundary Area Commission last Thursday urging the Congressional Delegations of Minnesota • and Wisconsin to support and actively assist in resolving outstanding issues that seem to be standing in the way of moving forwazd on the new St. Croix River Badge at Stillwater. We thank Mr Ted Thompson for his initiatives on behalf of the Crty of Stillwater and for his participation m our Commission meeting. ~y, .! ~~~~ ~ ames M Harrison St. Croix Valley Director Enclosure cc: Mr. Ted Thompson • MINNESOTA-WISCONSIN BOUNDARY AREA COMMISSION 619 SECOND STREET HUDSON, WISCONSIN 54016-1576 Serving our sponsor states on the St. Cro1x and Mississ/pp1 rivers since 1965 . i Resolution Requesting Congressional Assistance in resolving outstanding St. Croix River Bridge Issues; funding for Conservation Fend 1. WHEREAS, the states of Minnesota and Wisconsin, federal agencies, and other entities have cooperated in development of a compromise bridge crossing over the St. Croix River, commonly referred to as the Consensus Alternative Bridge; and 2. ~ ~ , fiuiding for building the Consensus Alternative Bridge has been identified and programmed by the two States; and issues relating to ownership, restoration and maintenance of the historic Lift Bridge have been resolved; and 3. WHEREAS, a transportation problem exists between the two states because of the deteriorating condition of the Lift Bridge and the increase in traffic in the region; and 4. WHEREAS, the need for a new river crossing has long been identified as a priority for the region and planning for a new river crossing has been underway in earnest several times during the past thirty years; and 5. WHEREAS, the United States Department of Interior has approved three alternative options for final approval of the Consensus Alternative Bridge under Section 7(a) of the federal Wild and Scenic Rivers Act; and 6. WHEREAS, two of the three aforementioned options involve establishment of a • Conservation Fund as mitigation to offset the adverse impact of preservation of the historic lift bridge; and 7. NOW THEREFORE, the Minnesota-Wisconsin Boundary Area Commission, hereby requests the sapport and active assistance of the Minnesota and Wisconsin Congressional Delegations to resolve outstanding issues, which may include securing necessary federal funding for the Conservation Fnnd, if necessary, as required by the U.S. Department of Interior, in order to allow for the construction of a new river crossing over the St. Croix River. r: { ~~~= ~~~ ~lor •~~~" ~y WASHINGTON COUNTY Dennis C. Hegberg ~ BOARD OF COMMISSIONERS District, Bill Pulkrabek ~ GOVERNMENT CENTER Dntrict 2 raobP`¢~ 14949 62ND STREET NORTH • P O BOX 6 • STILLWATER, MINNESOTA 55082-0006 Walty Abrahamson 65130-6000 Facsimile Machine 651-430-6017 District 3 '~ Myra Peterson _ District 4/Chair Uick Stafford District 5 ~• t?}. 1 April 10, 2001 Mr Jerry Turnquist 14298 North 56~` Street Oak Park Heights, MN 55082 Dear Mr. T u>;st• ~ ~M y„ It is my pleasure to inform you that at its meeting of Apri13, 2001, the Washington County Board of Commissioners appointed you to the Brown's Creek Watershed District Boazd of Managers, to a fill an unexpired term to October 21, 2003. Watershed district meetings are held the second and fourth Mondays of each month. For additional • information, you may wish to contact the Brown's Creek Watershed D><stnct at the Washington County Soil and Conservation Distract, telephone 430-6820. We appreciate your willmgness to serve on this important watershed district position on behalf of Washington County Sincerely, v... Myra. Peterson, Boazd Chair Washington County Boazd of Commissioners pr cc: Boazd of Water and Soil Resources Craig Leiser, President, Brown's Creek Watershed District lington County Soil and Water Conservation District City Clerks wrtlin Brown's Creek Watershed D>;stnct • EQUAL EMPLOYMENT OPPORTUNITY /AFFIRMATIVE ACTION BROWN'S CREEK ~~ ~~ WATERS~IED DISTRICT APR 0 5 ~~„~ 1825 Curve Crest Boulevard, Stillwater, MN 55082 Te1:651-430.6826 Fax: 651-430.6819 AGENDA REGULAR MEETING OF THE BOARD OF MANAGERS _ Apri19, 2001 1. Call to order @ 6 30 P M ® _ Board Meetings are held at 6 30 p m , 2. Approve Agenda at 1825 Curve Crest Boulevard, Stillwater, MN 3. Approve minutes of March 26, 2001 meeting 4. Treasurer's Report 5. Watershed Manageriient Plan a) Review Oak Pazk Heights comments b) Update from Work Group c) Review Bayport comments 6 Project Review and Updates a) THPP Project Update - Sale of Excess Property -Update - Status on Condemnation Commission hearing b) Kismet Basin - Easement and Pernrit Update - Honxrowners meeting Update 7. Ru1es/Pernuts a) Pony Express Car Wash - Oak Pazk Heights -Update b) Sawmill Golf Course -Grant -Update c) Settler's Glen 00-O1 (Formerly Coves of Stillwater) -Stillwater -Update d) Virginia Plat -Grant -Update e) Liberty on the Lake - Ss' Addition -Stillwater -Update 8 Old Business a) Resolution of Support of Trout Stream Mitigation Project b) Discussion of Resolution 99-11 c) Joint Boundary Change Petition -Update _ 9 New Business a) Discuss annual SWCD contracts 10 Coirimiinications & Reports 11. Executive session a) Condemnation Commission Hearing 12. AdJournment • • Managers: Craig Leiser, President • Karen Kilberg, Vice-President E J Gordon, Treasurer Don Peterson, Secretary • • • BROWN'S CREEK WATERSHED DISTRICT 1825 Curve Crest Boulevard, Stillwater, MN 55082 Tel: 651-430-6826 Fax: 651-430-6819 Minutes of the Regular Meeting of the Brown's Creek Watershed District Board of Managers, March 12, 2001 Washington SWCD Offices 1825 Curve Crest Boulevard Stillwater, MN ROLL CALL Present: Craig Leiser, President Ned Gordon, Treasurer Don Peterson, Secretary Absent: Karen Kilberg, Vice President Call to Order Meeting brought to order at 6.25P M APPROVED Others Present Mark Doneux, Administrator Camilla Correll, FOR Pat Conrad, FOR Mitch Johnson, FOR Chnsta Bren, FOR Konrad Koosmann Chuc)E Holtman, Legal Counsel, Smith Parker, P L L P. Dawn Hilde, Recording Secretary Bill Pntchazd, Orrin Thompson Bill Costa, Pony Express Caz Wash Approval of Agenda Manager Leiser added the SWCD Comments right after Treasurer's report Rules and Permits were moved to follow the SWCD comments Manager Peterson moved to approve the amended a¢enda, seconded by Manager Gordon MSP 3/0. Reading of Minutes and Approval Manager Leiser moved to approve the amended Minutes of Feb 26.2001, seconded by Manager Gordon MSP 3/0 Treasurers Report -Manager Gordon Manager Gordon presented a list of pavables, and moved to pay these items, seconded by Manager Peterson MSP 3 /0 The balance in the bank at this time is $118,860 28 with a CD in the distnct's name for an additional $100,000. March 12, 2001 Regular Meeting Minutes of the BCWD Board of Managers Page 1 of 5 .o SWCD Comments Konrad Koosmann, SWCD, stated that the SWCD enjoys working with the BCWD and asked ~f there were • any way they could be more helpful Konrad also asked for some informal comments on Mazk Doneux's work as Administrator for the BCWD RuleslPermits - _- - - _ _ - Pony Express Ga€ Wash =Review b}r1V]kitcl~ Jbbnson,lOR= _, . - : -- - _=--=, _- -e =. - =_~=_- -_ _ _ - - _ - - - Manager Leiser stated that there are going t'o be~ some-boundary changes in the watershed and the - Pony Express may fall into the Valley Branch Watershed. Valley Branch has some concerns about the water drainage into a present pond Manager Peterson asked if we could give out a petmtt with the provision that the pond would be restored to the proper depth (conditional perrtttt). The Developer will provide onginal drawings to Mitch Johnson, EOR, Mitch will determine the actual pond depth, and then draft a document to Mr. Hecker and Mr. Brackey that additional development may require additional ponding. Mr Holtman stated to Mr. Costa, that if the pond were part of your property, you would need to execute a maintenance agreement. Mr. Costa responded that the City of Oak Park Heights has an easement for pond maintenance. Settlers Glen -Christy Bren, EOR, reviewer Christy Bren reviewed utility plans and made comments on erosion. She stated that Rule 4.8.1 covers exemption to rules on utilities being within buffers Chuck Holtman expressed concern that the utility easement was within the buffer zone. The developer stated that as the development proceeds the buffers would follow the approved plat. The area under discussion is for public utility use, and when platted will be consistent wrath buffer • and mitigation requirements. Permit amendment -Mark Doneux had a concern about access to the utilities. The trails in this area will be covered with wood chips except for an area lazge enough to bring in equipment in case of emergencies. This area will have grass pavers. Mr Pritchard, the Developer, stated that they have received their license from the DNR for this area. They would like to start work as soon as possible and feel that crossing the creek at this time of the year would be the least intrusive for the creek. Manager Peterson thought that the developer would also need a dewatering permit from the State of Minnesota in addition to their license. Manaeer Peterson moved, seconded by Mana¢er Gordon that a conditional uermit be approved for this utility easement. Manager Leiser suggested that the FOR review be considered an attachment to the amendment. Motion was amended to include the review and drawings as an Attachment to the conditional permit by Manager Peterson. seconded by Mana¢er Gordon. MSP 3/0 Manager Leiser will sign this amendt~nt as soon as agreement has been reached between the Developer and EOR. Mr Holtman, Smith Parker, asked Mr. Pritchard for a copy of the DNR license. He also suggested to Mr. Pritchard that the development might need a Corps of Engineer permit and a Wetlands permit. Break at 7:40P M. Meeting reconvened at 7:45P.M. March 12, 2001 Regulaz Meeting Minutes of the BCWD Boazd of Managers Page 2 of 5 • Liberty on the Lake -Pat Conrad, EOR, Reviewer There is a copy of a memo from Pat Conrad, EOR, addressed to Davtd Weetman in the packet. He stated that FOR has reviewed the wetland mitigation and has given the memo to Mark _ Doneux for further action. The BCWD needs to dectde if this Letter should be sent to the LGU or - - _ -- to the developer. - - _ -- 1 - - - -- --- _ ~. __.xF~= ----_ -Y - s---~- _-_ -= _ .---~ - z_ ~_ . _ . - _ - The Fifth Edition of Liberty will be an exemption to our rules. There was much dicussion as to whether or not we need to ask developers to apply for their exemptions Chuck Holtman, Smtth Parker, stated that we have to have a Board action on exemptions and this allows us to put in some conditions. Manager Leiser stated that he believed tt was in the best interest of the watershed to have any variance or exceptions made a matter of record, regazdless if they were previously approved Manager Gordon suggested that the BCWD send a letter to the developer stating that they do fall under the exemption clause in our rules but we would Iike to see them formally apply for the exemption and to use our erosion controls. Resolution 99-11 will be on the agenda for the next meeting. Water Main -City of Stillwater water main to Settlers Glen -reviewed by Christa Bren, EOR. We reviewed permit location and made comments on erosion control There are three areas where the water main briefly travels through wetlands and would be within wetland buffers in three different places. Watershed Management Plan -Camilla Cornell, FOR a) Camilla reported on the progress of the Second Generation Plan Draft. Manager Leiser has • responded to the redlined copy and his comments have been included in the draft b) The question of what should be included in the Second Generation Plan for Capital Improvement Projects (CIPs) was discussed and whether or not to include the new area in the plan. The decision was made to ask Phil Belfiori, BWSR, for a written explanation of BWSR's expectations for the Second Generation Plan regarding the enlazgement area and CIPs. Manager Leiser asked Chuck Holtman to write this letter. Chuck Holtman, Smith Pazker, stated that even if the Middle St. Croix azea is not brought into the BCWITfor two years, their CIPs should be included in BCWD's plans. The BCWD is in the process of gathering potential C1P recommendations from the local communities and will carefully evaluate them. Mazk Doneux and FOR will review the CIPs first to see if they meet the criteria of an engineering project prior to submitting to the boazd for review and prioritization. Discussion followed as to how the BCWD rules apply to the expansion area Do we need to set a time limit as to when they apply or do we want to wait until we have a combined second-generation plan in place. How will this expanded area impact the BCWD with the expected flooding from the St. Croix River this yeaz? c) A draft for a CIPs Evaluation form was included in the packet. This will be used as a tool to evaluate the suggested CIPs after the preliminary screening process. r~ Mazch 12, 2001 Regulaz Meeting Minutes of the BCWD Board of Managers Page 3 of 5 Manager Peterson -A tentative meeting with the Ctty of Stillwater is set for 5 OOP M. on the 26's of March He requested no legal council be present. The meeting will be held at the SWCD • building. _ _ _ __ _ _ _ THPP Project Update -Pat Conrad, EOR._= _ _ _ ____ ____ ___ __ _ _ Manager Leiser had regtieste~ FOR to run awater- content test on`~ie snow in the T>'IPP area.-` s r - --a Christy Bren used the information to build a model using an average depth as a basis. Manager Leiser asked if 140th Street was going to have water running across the road? Christy will look into this issue. FOR will run another test because of the new snow. Mazk Doneux was _ asked to provide an update to Washington County. Condemnation Hearing - 26`s and 28'~ The hearing is scheduled for 9.00 to noon each day. The Managers are not expected to be required to testify Sale of Excess Property - will be held up until after Condemnation Hearing. Kismet Basin -Mitch Johnson, FOR Mitch reported that FOR has surveyed the centerline of Lansing and the pipe will be on the east side of the road. The manholes should be located off the road. During construction the road may be closed up to two days. The neighbors meeting will be held in the neaz future. Mark Doneux arrived at 9: lOP.M. Old Business • Water Governance -Manager Gordon 1) Manager Gordon has i~t with Jane Harper and agreed to create a universal accounting system that should accommodate the requirements of most of the County's watersheds. The county has committed $5,000 to develop this system Manager Gordon proposed that BCWD buy a computer and an accounting program and Tautges Redpath would consult on the project. Manaeer Gordon moved that the Treasurer be authorized to purchase a computer and software system necessary to automate the District's accountin€~vroject control and fmancial reporting activities. as recommended by the District's outside auditor Cost of the equipment and software shall not exceed $1700 not including taxes and the coriiguter equipment is to include as a minimum, a computer, keyboard, display and mouse. Motion was seconded by Manaeer Peterson. MSP 3/0 Manager Gordon presented a Memorandum of Understanding Between Washington County and - -- the BCWD. When the watershed is consolidated the accounting system will work for the combined watershed as well as other watersheds in the county or even the state. We would run a test system alongside our own books with assistance of the accounting firm, Tautges Redpath. Manaeer Gordon moved to execute this asreement and seconded by Manaeer Leiser. MSP 3/0 Manager Leiser signed contract. Rice -Chuck Holtman suggested that it might be to our advantage to respond to the newspaper article by addressing the County Board with the facts in letterform. As the article was not factually correct it would be nice to give a chronological account of the problem Manager Gordon will put together a letter and review it with Manager Leiser or the legal counsel. Mazch 12, 2001 Regulaz Meeting 1VVnutes of the BCWD Board of Managers Page 4 of 5 • Break 9 18P M Reconvened at 9 23P M _ _ New Business _ _ - _ _ _ _ Chuck Holtman, Smith Parker, presented a copy of the lawsuit from Middle St Croix challenging - the BWSR dectston The County wt11 submit a brief to the court as to why they had authority to submit the proposal for combining Middle St. Croix and the BCWD to BWSR Communications & Reports Ron Struss, BWSR, sent out a notice to the BCWD that they will be sponsoring a Boot Camp for Soil and Water Managers on the 19'~ and 20`~ of March. The Legislative Breakfast is March 16~'. Manager Leiser plans to attend The St. Croix Valley Press wants to do an article on Brown's Creek. The interview will be at the SWCD at 100 this Thursday. Manager Gordon made a motion to adjourn, seconded by Manager Peterson. MSP 3/0 Meeting adjourned at 10.08P M. • Respectfully Submitted, Dawn Hilde, Recording Secretary • March 12, 2001 Regular Meeting Minutes of the BCWD Board of Managers Page 5 of 5 STILLWATER PUBLIC LIBRARY 223 N. FOURTH S't'. ` STILLWATER MN 55082-4806 (65 i) 439- i 675 FAX (65 i) 439-00 i 2 Board of Trustees Meeting Agenda Tuesday, April 10, 2001, 7 P M 1 Call to Order 2 Adoption of the Agenda A 3. Communications and Public Commentary I 4 Consent Calendar A A. Adoption of Minutes B Payment of Bills C Monthly Activity Reports+ D Other Activity Reports+ E. Web Site Usage Report* F. Director and Other Staff Reports+ G Financial Report (A 2001 financial report wi11 not be available until the May meeting) H Policy Review -Programming Policy+ 5 The Post-Expansion Library Discussion 6 2001 Budget -Recommended Revision D+ A+ 7 Building Expansion & Fund Raising D+ • 8 City of Stillwater Goals Setting Process 9 2000 Annual Report I I+ 10. Materials Handling Systems -the TechLogic Tour I 11. MLA Legislative Day Report I 12. Internet Access Policy I 13.Other 14 Adjournment ffyou are unable to attend this meeting, please call Lynne (ext 25) or Ann (ext 17) before 5 P M. on Monday, April 9, 2001. A=Aeon Item I=Information Item D=Discussion Item += Document m Packet #= Document to be Ihstnbuted at Meeting #~Document Previously Distnbuted • Agenda Item 4. A. STILLWATER PUBLIC LIBRARY • 223 N. FOURTH ST. STILLWATER, MN 55082-4806 651439-1675 FAX 651439-0012 Board of Trustees Meeting Minutes Tuesday, March 13, 2001 Present: Bill Fredell, Nick Gorski, Bill Hickey, Dick Huelsmann, Victor Myers, Mary Lou Rice, Brian Simonet Absent: Rick Hodsdon, Jessica Pack Staff Present: Lynne Bertalmio, Cazolyn Blocher 1. Call to Order: The meeting was called to order by President Hickey. 2. Adoption of the Agenda: The agenda was adjusted and adopted. 3. Communications and Public Commentary Suggestions included: ^ More teen books and magazines ^ A question on why the library is closed on days when most people could come, • i.e., President's Day. Lynne mentioned that the library is open on some holidays, i.e., Veteran's Day and Columbus Day. • A letter congratulating Gail Nordstrom for being named as an American Library Association Newberry Awazd Committee member was shazed. 4. Consent Calendar: The consent calendar was adopted including payments of bills totaling $14,409.55. 5. The Post-Expansion Library: The Public Information Committee reported on the tasks it will undertake. One goal is to provide Library Boazd Members with talking points, anecdotes, and specific examples, which they can use when talking with people about the proposed library expansion. Lynne and Cazolyn provided information for us to begin this goal. 6. New Job Descriptions: This item was changed from an action item to an information item. 7. WCL & MELSA Contracts: After a discussion, it was motioned (Huelsmann), seconded (Myers) to approve the contract. The motion passed. 8. Building Expansion & Fund Raising: Board member Huelsmann reported on the essence of the committee recommendation. The committee will request proposals • from four to five consultants to do a feasibility study to determine potential contribution levels from the private sector community. This information will facilitate funding strategies and reporting to our City partner. 9. 2001 Capital Budget Release Part I: It was motioned (Myers) and seconded (Huelsrnann) to request the city to release funds from the capital budget in the amount of $22,500. 10.2001 Budget Revision: This item was removed from the agenda during the agenda adjustment process. 11. MLA Legislative Day -March 21, 2001: One meeting has been setup with Rep. Holsten. Lynne, Bill Fredell and Victor will attend. 12. Internet Access Policy: The Director informed the Board of developments in response to state and federal legislation concerning public Internet access. She also mentioned current steps the SPL takes to discourage illegal activity. 13. Check It Out Yourself Day -April 2, 2001: Board members are encouraged to check out items using the self-check out equipment on Apri12. The goal is to have 100 people use the self-check on that day. 14.Other: Building Centennial President Hickey requested that the Public Information Committee take on the task of celebrating the SPL building centennial, which will take place in 2002. Committee members accepted the request. 15. Adjournment: The meeting adjourned at 8:40 p.m. • • • Stillwater Township Apnl 1 Z, 2001 • Substitute Chair: Johnson 7.00 p m Regular Meeting Call To Order Agenda: Adopt Minutes: Approve Minutes: March 22, 2001 Treasurer: 1. Claims & Checks 2. Mileage Reimbursement - $0 345 Attorney: 1. Adams Driveway Easement 2. Tower Ordinance 3. Resolution re. State Upgrade Election Equipmeent Planer: 1. Overdue Escrows 2 County Incinerator • Engineer I. Public Works: 1 Park and Trail Maintenance Clerk: 1. Election Updates 2. Miscellaneous Committees: 1. Planning Commission. Right to Farm Ordinance People: $:Q(t PM: I . Mary Parcheta -Water Ski Permit Old Business:. 1. New Business: 1. Adjourn Notes: Sheila-Marie will be absent. Claims PIease L' 04/07f2001 p~ gantg RPR-06-2©01 1114 CITY OF OF'H P 02~ 04 • CITY COLJNCI~,'~ORK S~5SION" T'UESnAY, APRYI.10, 2001 5:~5 p.M. 5.45 p.m. Audit Report 6.45 p.m. Adjourn e L' APR-06-2©D1 11'14 CITY OF OPH CI`T'Y OF OAK PARK I-IEIGH'I'S TUESDAY, APRIL, 10, 2001 BOARD OF RE'VIE~.AND CITY COL7NCIL, MEETING AGENDA 7:00 P.M. 7.00 p m. I. Call to Order/ApQroval of Agenda Board o~ Review 8-00 p.sxs II. Dep artment/Couneil Liaison Reports A. Planning Commission B. Pdrtzs Commission C. Cable Commission D Water Management Organizations 1. Browri s Creels Watershed District 2. Middle St. Croix Watershed District 3. Valley Branch Watershed Distract E. Otb.er Y.iaison/Sta~{ reports 8 I5 p.m. III. Visitore/Publsc Comment P.©3104 Recycling Award (1) • Tliia ie an opportunity {or tlse public to addreec the Council ands queetsana or eoncernu oa issues not part o{ the regular sgenda. (Please lsm3t comments to 3 minutes in lengtls ) 8:20 p.m. IV. Consent Agezzda (Roll Call Vote) A. Approve Buts ~ Investments B Approval o~ City Council Minutes - Mazeh 27, 2001(2) C. Approval o{Arbor Day Proclamation (3) D. Grant Opportunitse6 (4) 1 Excel Energy Foundation 2. Metropolitan Council E. Family Based Caze Coalition Correspondence (5) F. Middle St. Croix WMO 2001. Watershed Assessment Fee/Legal Documents (h) G. Receive TH 36 Comdor tVlanagement Plan Draji (7) 8:30 p m. V. Public I-Iearin s Public ~leanng on Ordinance Chapter 705 (Motorized Devices on Public Roadway and Par1z Traits) (8) • APR-06-2001 11 14 CIT`~ OF OPH P 04x04 , 8-45 p.m. VI. New Business A. lire Incident Report (9) • 1. Police Clzie~ Memo 2. Pue Clued Report 3. Building Sa~ety B. Audit Review (10) C. Pedestrian Crvsswall~s on Oalz~reen, Possibly at 58i6 Street (11) D. Consultant Worizsession Attendance (12} E. City Goals ~or 2001-2002 (13) 9:15 p m. VII. Old Business A. Utllzty Taxation 1. Le$~slation (14) 2. Auditor Analysis (15) 3. City Position on Utility Taxation Legislation and Resolution (16) B. Employee Hoaltli Iasuraace {1?) C. Complaints Review (18) 10.00 p.m. VIII. Adiournment • $oma/gaf/eanng at,rosa>>li s Famrly Rssfaumrrf to fol%m TOTAL P ©4 "' WASHINGTON COUNTY ~,~. s, COUNTY BOARD AGENDA °'~'" 2 ww ''~e-.r.,R.~~ orutu s APRIL 10, 2001 9:00 A.M. 1. 9:00 Roll Call ors 2. 9:00 Comments from the Public ~fsrtor: uay,Mn d+etr coruerns ,nth tle County Bomd of Commxsmaxrs on ary rAem on or riot on the agenda. The Chan will dbea dre cotoHyAdmaasdator toprpmr rrsponns to your cormern: Yotr art errcowoged trot to be rrpedhous o1Pm'tous speal~ers a+d to lmrrt ynr i tome mewtes The Chao r~arrvrs the ngfit to /mat an ordrorduaPstsrsentatrorr rf d becomes redundmK repenttve, a~rkvonR or overly mgranarA~ 7lrt Clurn may also lmrrf drs raarrbei of ardtndaol prrsenAotrorts on arty issue to accommodate the sctxduled agenda tAems 3. 9:10 Consent Calendar 4. 9:10 Coart Services -Russ Reetz, Director Secure Juvenile Detention Bed Services Contract with Dakota County 5. 9:15 Haman Resources - Tudy Honmyhr, Director Cellular Telephone Policy 6. 9:25 Assessment, Tazpayer Services, and Elections -Molly O'Rourke, Director Set Public Hearing for Detachment and Annexation in Woodbury 7. 9:30 General Administration -Jim Schug, County Administrator A. Acquisition of Conservation Easement on Doerr Property in Woodbury B. Legislative Update 8 9:50 Commissioner Reports -Comments -Questions 7lus perraid ~ttms shat! be wad by the Commrssrorrrrs m rrpart to ths, fa/1 aaarid a, coneuttee aclrnlu.~ maAr caAnr~ an nromers ojauerruand ~ a rose quesfrons to the sw,8' 7Tas aetron rs trot mtarded to result u: subsfantnr board acfron during thts f~ Any acttar neaesmry because of dcscusarwt wdl be ~udttlsd, jot a fiarae board meeting 9 . Board Correspondence 10. 10:00 Adjourn 1 I. 10:00 Board Workshop with Commanity Services to 10:45 Michael O'Keefe, Commissioner, Department of Human Services 12. 10:45 Board Workshop with Administration to 11:45 Performance Meastnement 13. 11:45 Lunch 14. 12:45 Board Workshop with Transportation and Physical Development to 1:45 County Space Usage ***Meeting Notices Listed on Back*** N need ~ h~~,~°e~0 439~32z~ E~UAL EMPLOYMENT OPPO TU~I~TI~I AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COAiIlVIISSIONERS CONSENT CALENDAR APRIL 10, 2001 The following items are presented for Board approvaVadophon: • DEPARTMENT/AGENCY ITEM Assessment, Taxpayer Services, A. Approval of on-sale and Sunday liquor license for the Outing Lodge at Pine Point in and Elections Stillwater for the period of April 1, 2001-March 31, 2002. B. Approval ofoff--sale liquor license for the Auto Stop (SSG Corp.) in Hastings for the period of April 1, 2001- March 31, 2002. Attorney C. Approval to apply for extension of grant funds from the Minnesota Center for Crime Victim Services for salary/fringe benefits of an Assistant Victim Witness Coordinator. Co~~tY Semces D. Approval of the Washington County Workforce Center's Plan for the Workforce Investment Act Incentive Funds for the program year April 1, 2001, through March 30, 2002. E. Approval ofthe Workforce Investment Act (WIA) Adult and Dislocated Worker Programs and Senior Community Services Employment Program (SCSEP) Plan update for program year July 1, 2001, through June 30, 2002. F. Approval of contract between East Suburban Resources and the Community Service Department's Workforce Center Divisron for a Supported WorkProgramforhard-to-serve participants in the Welfare-to-Work programs from Apn71, 2001, through June 30, 2002. Financial Services G. Approval to contract with Enterprise Resohrtions, Inc. for purchase of an imaging and software. Transportation and Physical H. Development Approval to award bid for contact station remodeling at the Lake Ehno Park Reserve to Parkos Construction Co., the lowest responsible bidder, in the amount of $74,400 conditioned upon the execution of a contract as approved by law. I. Approval of resohrtion to reconvey to the State of Minnesota Lot 2, Block 1, Shady GLde Addition, in the City of Mahtomedi. J. Authori~tion to use six vehicle part permits for free drawings during the Washington County Fair August 2 - 5, 2001. *Consent Calendar items are generally defined as items ofroutine business, not r~egairing discussion, and approved in one vote. Commissioners may elect to pull a Camsent Calendar item(s) for discussion and/or separate action. •••..+w*•ww•••+,r*.~*.*rw.*w*f++#,-*+r-w*.: •.•....•#wt•###f++ra~ MEETING NOTICES Date Committce Time Apri110 April l l Menial Health Advisory Met. LRT Joint Powers Board 4:00 .m. 8:30 am Apnl 11 April l l Metropolitan 911 Board Metr+onet . 10:30 a.m. Aprfi I 1 April 11 MICA Rnah Line Corridor Task Force 2:00 pm. 2:00 pm. 3.30 p.m. Apri112 April 12 Communrty Services Advisory Metro TAB 7:30 a.m. Apri112 Central Corridor Cooed. Carnmittce 12.30 pm. 4:00 pm. Location 7066 Str'llvvater Boulevard -Oakdale Hennepin County Government Center - A?A00 2099 University Avenue West - St. Paul 1619 Dayton Avenue - St. Paul 161 St. Anthony Avenue - St. Paul White Hear Lake City Hall • 230 Park Centre St. Paul 1919 University Avenue West - St. Pahl